RFE on I-485 holding up my EAD

[bradcanuck 1]

Thanks again for the update (saw you in the other thread) I'm glad EAD is done for you.

[jerricho 0]

I received an RFE on 10/3 the same day I had my biometrics. I too started to panick about gaving to wait a further 90 for my ead. I sent my RFE on 10/8 and checked online my case status which said my ead is now in production. I have seen another VJ member who received an RFE and received their ead before sending of their RFE.

[athena_ny 1]

Argh, I'm so frustrated right now. I just got an RFE for more documents from my joint sponsor, and they have started holding up EADs based on this RFE. There's a lawsuit being filed in Texas over this because it's unfair to hold up a totally seperate application over a RFE for something else, but this claims I won't get my EAD for 90 days post RFE receipt. Is this really the case or is this wording just covering their ###?

I hope this makes sense to you, I'm really upset about this because it's hard to go 7 months without working when I'm the primary breadwinner, how the hell do they expect people to survive? This whole system is so insane.

I'm sorry to hear about the RFEs and hope that your process will be back on track soon.

The RFE pertaining to your joint sponsor is relevant to the processing of your EAD. Your EAD is based on your eligibility to apply for Adjustment of Status. The joint sponsor document is a requirement to prove that you are eligible for Adjustment of Status. If the evidence is not complete in order to ascertain your eligibility for AOS, then they cannot ascertain your eligibility for EAD also.

[nygirl78 0]

I am in a similar situation.

Actually did a lot of job hunting and secured a great job - but under the condition that I have my EAD work authorization by December 3rd.

This seemed fine - got the NOA, did the biometrics - until I got a request for initial evidence regarding my AOS. Supposedly some tax information of my husband was missing - even though I am sure we sent it. Anyway, I sent in everything that was required, but now I am awfully afraid EAD and AOS actually process together and not separate.

My lawyer and the USCIS told me that they process separately, but on the RFE it says that it can hold up EAD for another 90 days.

What is your experience with that? I am quite nervous...

[bradcanuck 1]

I am in a similar situation.

Actually did a lot of job hunting and secured a great job - but under the condition that I have my EAD work authorization by December 3rd.

This seemed fine - got the NOA, did the biometrics - until I got a request for initial evidence regarding my AOS. Supposedly some tax information of my husband was missing - even though I am sure we sent it. Anyway, I sent in everything that was required, but now I am awfully afraid EAD and AOS actually process together and not separate.

My lawyer and the USCIS told me that they process separately, but on the RFE it says that it can hold up EAD for another 90 days.

What is your experience with that? I am quite nervous...

From anything I have read it is completely up to chance if you get the AOS and EAD processed at the same time or not. Today I got a 2nd level IO to send a request to MSC to hurry up as my EAD is at 120 days. I am at 50 days now since they received my RFE so I should be hearing back on my AOS by the 10th. I have an appointment with Infopass just in case I hear nothing.

Your EAD is still within processing time... it's hard to say what will happen nygirl.

Edited October 31, 2007 by bradcanuck

[rebeccajo 14]

Interims are withheld until the RFE is satisfied. There's no anecdotal evidence that supports the processing being held up a full 90 days.

[nygirl78 0]

Interims are withheld until the RFE is satisfied. There's no anecdotal evidence that supports the processing being held up a full 90 days.

Thanks for the info. I also read that your case is being held up until the evidence is submitted. What I don't understand yet is whether that refers purely to the AOS or to other cases (AP and EAD) as well.

Unfortunately it took USCIS a whole 2 weeks to get the letter to me, then another week until they received my evidence. If my EAD is held up for 3 weeks, I am losing the job offer...

[sandy cheeks 0]

I don't think your EAD will be set on hold. I got an RFE for my sponsor aswell and they gave me 87 days to send it back. I got my EAD ---BEFORE--- I send back my RFE so don't be to worried. My RFE also said that they are gonna hold the EAD untill they get the papers back but that's not what happend.

Good luck though!!!!!

[YumiYum 0]

Interims are withheld until the RFE is satisfied. There's no anecdotal evidence that supports the processing being held up a full 90 days.

Thanks for the info. I also read that your case is being held up until the evidence is submitted. What I don't understand yet is whether that refers purely to the AOS or to other cases (AP and EAD) as well.

Unfortunately it took USCIS a whole 2 weeks to get the letter to me, then another week until they received my evidence. If my EAD is held up for 3 weeks, I am losing the job offer...

We received RFE for birth certificate copy, i just forgot to send one.They received RFE response from me on 5 Nov and now finally my I-485 status appears online.They are saying i will receive a written notice within 60 days from the day when they got my RFE response.

AOS, EAD timeline

- 10 sept 2007 package sent to Chicago Lockbox;

- 21 sept 2007NOA1 for EAD, AOS;

- 25 sept 2007 biometrics aapointment letter sent;

- 18 oct 2007 RFE for birth certificate copy

- 23 oct 2007- biometrics;

- 30 oct sent RFE response back;

- 5 nov - USCIS received the RFE;

- 7 nov -AOS online

[bradcanuck 1]

November 7th card production ordered. Status changed today at 1pm, however. So they approved it yesterday and then it went into the system today.

Hang in there. I strongly recommend pestering about over processing dates if you are up past the 100-110 day mark. Looks like the 2nd level IO did their job and MSC went to work right away.

[Nell 0]

I hear you I hear you. I had the same problem, they wanted me to redo my medical. I called and called and questioned and questioned. I was told that it holds it up for the amount of days that it takes for you to send the requested information back to them. So if you get it back to them and it is recieved and processed in two weeks, you case will only be suspended two weeks etc. I was encouraged by their reps to get it in as soon as possible. Also another person on VJ to me the same thing. Hurry hurry hurry. I just sent them back my information. Try to make it as little time as possible. Good luck

[Nell 0]

I am in a simular situation, I have a wonderfull job offer, but in the event that I get and EAD by the end of November, I filed on 10/10, to my NOA on 10/14, My biometics on 10/20 for 11/3 appointment. Then 10/25 I got an RFE for medical, I already sent it in, the post office has already delivered it, so I am hoping some how I get some info in time. Just get it in as little as possible.

[nygirl78 0]

Seems like the RFE (for AOS) doesn't hold up the EAD! Yipiiee!!

Read that my card production of the EAD was ordered yesterday. Thanks for your support and all the best !

[nygirl78 0]

I don't think your EAD will be set on hold. I got an RFE for my sponsor aswell and they gave me 87 days to send it back. I got my EAD ---BEFORE--- I send back my RFE so don't be to worried. My RFE also said that they are gonna hold the EAD untill they get the papers back but that's not what happend.

Good luck though!!!!!

Thanks for the support. You were right - mine didn't get held up either. Glueck gehabt... Liebe Gruesse, K.

[~*Maria*~ 1]

November 7th card production ordered. Status changed today at 1pm, however. So they approved it yesterday and then it went into the system today.

Hang in there. I strongly recommend pestering about over processing dates if you are up past the 100-110 day mark. Looks like the 2nd level IO did their job and MSC went to work right away.

Congrats!!