interim EAD rumors

[larissab 0]

My attorney said that he heard a rumor that CIS has begun counting the 90 day period when all documents are submitted instead of the receipt notice date.

This is bad news for us if true beause we received a request for additional evidence on March 13.

Has anyone else heard rumors to this effect?

[rebeccajo 14]

Is your attorney trying to tell you that all cases are approved 90 days from receipt notice? Or that Infopass can't be had till 90 days from receipt of all documents?

If he means Infopass, that sort of makes sense to me from a business point of view.

I think a better question for your attorney is why you have an RFE. Sounds to me like he's not doing his job.

[Hilarious Clinton 452]

Federal law says the 90 days starts at the receipt date. But each office seems to choose their own actual start point. You don't need a lawyer to tell you that.... just read this board.

P.S. I got an RFE without even having to pay a lawyer. Mine was free

[Jenn! 918]

If you get an RFE, the 90 day countdown begins again from the date they receive the RFE response.

It's not a rumor, it actually states it along with the relevant law on the RFE letter.

Edited April 14, 2006 by jenn3539

[Hilarious Clinton 452]

If you get an RFE, the 90 day countdown begins again from the date they receive the RFE response.

It's not a rumor, it actually states it along with the relevant law on the RFE letter.

Not for the interim EAD. Federal law doesn't meantion anything about an RFE. Your regular EAD will be held up by the RFE.

8cfr274a 13 (d)

http://www.access.gpo.gov/nara/cfr/waisidx_06/8cfrv1_06.html

"(d) Interim employment authorization. The district director shall

adjudicate the application within 90 days from the date of receipt of

the application by the INS, except in the case of an initial application

for employment authorization under Sec. 274a.12©(8), which is

governed by paragraph (a)(2) of this section, and Sec. 274a.12©(9)

insofar as it is governed by Sec. Sec. 245.13(j) and 245.15(n) of this

chapter. Failure to complete the adjudication within 90 days will result

in the grant of an employment authorization document for a period not to

exceed 240 days. Such authorization shall be subject to any conditions

noted on the employment authorization document. However, if the director

adjudicates the application prior to the expiration date of the interim

employment authorization and denies the individual's employment

authorization application, the interim employment authorization granted

under this section shall automatically terminate as of the date of the

director's adjudication and denial."

the 'exceptions' above do not apply to most of us here.. I checked.

[Jenn! 918]

I don't have my RFE with me to cite the relevant sections, but it is clearly stated on the RFE that you can not apply for an interim EAD until 90 days after they receive your RFE response.

[Hilarious Clinton 452]

I don't have my RFE with me to cite the relevant sections, but it is clearly stated on the RFE that you can not apply for an interim EAD until 90 days after they receive your RFE response.

find it and scan it please.

[Jenn! 918]

I don't have my RFE with me to cite the relevant sections, but it is clearly stated on the RFE that you can not apply for an interim EAD until 90 days after they receive your RFE response.

find it and scan it please.

You'll have to wait until Monday. It's at home and I'm at work.

I swear to you it's there, but I know you need proof!

[luv2teach77 41]

I think there may be some truth in the statement made by your attorney although as with everything to do with the USCIS I'd take any 'hearsay' with a small bucket of salt !!

When I attended an infopass appointment to request an interim EAD 92 days after the receipt date on my NOA's I was told that, at the St. Louis office anyway, an application wasn't considered "complete" until biometrics had been taken and all relevant dcuments had ben received. Therefore the 90 day count for me didn't actually start until the date of my biometrics.

When I eventually contacted my congressmans office about the delay with my EAD I was told that this wasn't correct and that, as stated in the USCIS's own guidelines, the 90 day count starts from the receipt date on the NOA and has nothing to do with anything after that initial receipt date.

Now I did receive an RFE but it was in relation to my AOS application, not my EAD. I daresay that If I'd received an RFE for something to do with my EAD application, I'd have been told that my 90 day count didn't start until the date that extra document was received by the USCIS.

So much of the guidelines set out by the USCIS is open to varied interpretations by the local offices that its almost impossible to get an accurate answer from anyone who hasn't been through your actual office. The only way you'll find out for sure is to make an infopass appointment and ask someone working at your local office.

Mark

[nila101 0]

I don't have my RFE with me to cite the relevant sections, but it is clearly stated on the RFE that you can not apply for an interim EAD until 90 days after they receive your RFE response.

find it and scan it please.

You'll have to wait until Monday. It's at home and I'm at work.

I swear to you it's there, but I know you need proof!

well i have my RFE (I-485) in front of me but alas no scanner. but for those of you who believe without seeing it states,

"You are ineligble for interim employment authorisation pursuant to Title 8, Code of Federal Regulatuons, Section 103.2 (B) (10) (ii) until ninety (90) days after the initial evidence is received."

[Jenn! 918]

I don't have my RFE with me to cite the relevant sections, but it is clearly stated on the RFE that you can not apply for an interim EAD until 90 days after they receive your RFE response.

find it and scan it please.

You'll have to wait until Monday. It's at home and I'm at work.

I swear to you it's there, but I know you need proof!

well i have my RFE (I-485) in front of me but alas no scanner. but for those of you who believe without seeing it states,

"You are ineligble for interim employment authorisation pursuant to Title 8, Code of Federal Regulatuons, Section 103.2 (B) (10) (ii) until ninety (90) days after the initial evidence is received."

Thanks, Nila. I knew someone would have my back!

[luv2teach77 41]

"You are ineligble for interim employment authorisation pursuant to Title 8, Code of Federal Regulatuons, Section 103.2 (cool.gif (10) (ii) until ninety (90) days after the initial evidence is received."

I think the key word here is 'initial'. An RFE is a request for further evidence, not initial evidence. Initial eidence is the stuff you send in with your application. I would interpret the wording quoted above to mean that your are not eligible for an Interim EAD until you have applied for an EAD and that associated evidence you send with that application has been received.

They word it like so that people don't try and get an interim EAD for free before they have applied for the actual EAD (which obviously costs !!)

Mark

[Jenn! 918]

Wait a second, are you sure it says "initial", and not "missing".

I thought mine said missing. Why else would I have interpreted it the way I did? Hmmm.

We had a discussion about it on this thread:

http://www.visajourney.com/forums/index.php?showtopic=7257

Edited April 14, 2006 by jenn3539

[nila101 0]

Wait a second, are you sure it says "initial", and not "missing".

I thought mine said missing. Why else would I have interpreted it the way I did? Hmmm.

sorry it does indeed state "missing initial evidence" - apologies but reading uscis jargon leaves my head in a spin - well spotted and thx!

[larissab 0]

ughhh ohh....

I have to check mine again when I get home. I don't remember that phrase being on there.

About my attorney, someone mentioned that I should not get an RFE. What should I do? I have already paid him. I feel like firing him at this point might cause more trouble.