RFE=another 90 days for EAD?

[nitedreamer 0]

We just received an RFE today that they need proof that my dad, our joint sponsor, is a citizen. It says that Matt is ineligible for interim employment authorization until 90 days after the missing initial evidence is received.

So does this really mean that we have to start all over in the 90 day waiting game??? I can't believe the government doesn't have an easliy accessable database of all its citizens.

This couldn't come at a worse time, we just found out that Matt needs $$$$s in dental work (recently had braces off, which apparently wrecks havoc on teeth)- a root canal, crown, wisdom teeth extraction, plus 8 fillings. I am just starting a job, we have no dental insurance, we thought Matt was just another month away from being able to work....you'd think they would have spotted this missing bit of info back when we received NOA and biometrics appointment. And I can't believe we didn't notice this was required!

And here I thought the letter from USCIS was going to be an early birthday present.

[-cK- 0]

We just received an RFE today that they need proof that my dad, our joint sponsor, is a citizen. It says that Matt is ineligible for interim employment authorization until 90 days after the missing initial evidence is received.

So does this really mean that we have to start all over in the 90 day waiting game??? I can't believe the government doesn't have an easliy accessable database of all its citizens.

This couldn't come at a worse time, we just found out that Matt needs $$$$s in dental work (recently had braces off, which apparently wrecks havoc on teeth)- a root canal, crown, wisdom teeth extraction, plus 8 fillings. I am just starting a job, we have no dental insurance, we thought Matt was just another month away from being able to work....you'd think they would have spotted this missing bit of info back when we received NOA and biometrics appointment. And I can't believe we didn't notice this was required!

And here I thought the letter from USCIS was going to be an early birthday present.

We're on the same boat. I got an RFE for my AOS but this time the RFE stated that I'm ineligible for an Interim EAD. Well, we passed the RFE but my husband and I were a bit skeptical about the ineligibility when it comes to the EAd since the RFE was for the AOS. We got an Infopass and for some reason the person I talked to on the phone prior to the Infopass and the person at the Service Center gave me 2 different answers whcih is totally BS . The one on the phone said that they find no reason not to get an Interim EAD since it has been 90 days and that the RFE was for the AOS not EAD. When we got to the service center the lady there...who for some reason wasn't able to clearly express herself in english and was having a hard time explaining to me everything...said that since my EAD was based on "Marriage to a US Citizen" and that my AOS was pending, then my EAD was pending too. Then I asked, if they approve my AOS then the EAD would be voided. And she said, yes. But I told her...Isn't it the main purpose for filing an EAD while the AOS is processing is that for the spouse to have other options? And she said, still you're marriage based and pending AOS means pending EAD. So, there...I got my answer...even if it's so vague. Then she says, your AOS papers is here already and so is your EAD. Everything will be processed once your AOS is approved...MY MAIN POINT...WHY THE HELL DID THEY GIVE US AN OPTION TO FILE FOR AN EAD IF IN THE END I WOULDN'T EVEN BE USING IT...WHAT A WASTE OF MONEY!!! And about that proof of Citizenship...even our co-sponsor's passport wasn't enough...they wanted the birth certificate and/or naturalization document.

[allynella 0]

I too had gotten an RFE with the usual notation. But on the 91st day, I innocently went to my infopass appointment armed with the NOA's. Interim EAD was issued - no problem.

[Jenn! 918]

I had been worried about the same things, but my husband was able to get his interim EAD after 90 days from the original NOA1 no problem. The people at infopass didn't even seem to be aware that an RFE had been issued for the I-485, and I didn't mention it.

[Anna C. 4]

Wow I didnt know that this was an option. Good to know! I'll try that too!!!

I hope the notarized copy of my mother in law's passport as co sponsor is enough for them. She was born in Argentina but came to the US when she was six but anyway she's got a passport, duh!!!!

Lg Anna

[nitedreamer 0]

So what are these infopass appointments? You get that as part of your EAD? How does it work?

Matt just mentioned that he thought he read somewhere about making an appointment to bring information/evidence in? Or is it pretty unlikely this RFE is going to hold things up anyway?

Thanks for the help and assurances!

[-cK- 0]

I too had gotten an RFE with the usual notation. But on the 91st day, I innocently went to my infopass appointment armed with the NOA's. Interim EAD was issued - no problem.

WOW...you are so lucky. I didn't mention the RFE for my AOS since before I made the infopass I called USCIS and was told that it doesn't really affect the EAD since it's my AOS that had an RFE. I guess it just wasn't my day. Gosh, sometimes I wonder how come USCIS hire people who doesn't even know how to speak & understand english correctly!!! Ahhhh...frustrations...I can still remember her face!!!! Grrrrrrrrrrrrrr

So what are these infopass appointments? You get that as part of your EAD? How does it work?

Matt just mentioned that he thought he read somewhere about making an appointment to bring information/evidence in? Or is it pretty unlikely this RFE is going to hold things up anyway?

Thanks for the help and assurances!

Just try getting an Infopass, you never know you might get your Interim EAD even if you got that RFE with an "Ineligible EAD" written on it...you might get through it like the others. It's just frustrating how USCIS is not consistent with these things and are not giving out reasons on the ineligibility for an interim EAD if an RFE is issued to an application for AOS.

I had been worried about the same things, but my husband was able to get his interim EAD after 90 days from the original NOA1 no problem. The people at infopass didn't even seem to be aware that an RFE had been issued for the I-485, and I didn't mention it.

You're lucky too

[KarenCee 3]

No, an Infopass appointment isn't standard issue with the EAD. You have to call and make one. As for the additional 90 day thing, we got that too. I'm hoping that won't be the case. In which case that the 90 days pass, on the 91st day I think you can make the infopass appointment and get an interim EAD. Like I said, I think. If I'm wrong someone will come along and correct me.

[-cK- 0]

So what are these infopass appointments? You get that as part of your EAD? How does it work?

Matt just mentioned that he thought he read somewhere about making an appointment to bring information/evidence in? Or is it pretty unlikely this RFE is going to hold things up anyway?

Thanks for the help and assurances!

One of the reason why Infopass appointments are made is because the EAD application has been more than 90 days and that the USCIS hasn't decided yet on whether or not to issue you one. It's not part of the EAD. If your EAD has exceeded 90 days you go to the USCIS website and make an appointment there. On your way to your appointment, don't forget to bring your NOA1 for your EAD and the copy of the EAD application. What I did was I brought with me the whole AOS/EAD forms that I photocopied.

Like what I mentinoned earlier but I have to clarify...if it has been 91 days do get an Infopass...you never know you'd get lucky and get an Interim EAD. Just don't keep your hopes up...I did and darn it...my hopes were shattered by that lady

[am1996 0]

No, an Infopass appointment isn't standard issue with the EAD. You have to call and make one. As for the additional 90 day thing, we got that too. I'm hoping that won't be the case. In which case that the 90 days pass, on the 91st day I think you can make the infopass appointment and get an interim EAD. Like I said, I think. If I'm wrong someone will come along and correct me.

Let me try to explain the way the process works. First, to give you some background, under 8 CFR 274a.13(d) USCIS has 90 days from the date of their receipt of the application to issue you an employment authorization (there are a few categories of immigrants to whom the 90 day rule does not apply). USCIS' failure to comply with the 90 day requirement results in the automatic grant of an employment authorization for a period not to exceed 240 days.

Now, in the event that your employment authorization application is missing required INITIAL evidence, under 8 CFR 102.2 ( B )(10) the 90-day countdown does not start until USCIS receives that evidence.

Now, if your application is missing anything OTHER than the required initial evidence or if USCIS requests ADDITIONAL evidence, then the countdown clock is simply suspended until USCIS receives such evidence.

To illustrate, if your employment authorization petition has been with USCIS for 20 days, then USCIS requests additional evidence of your eligibility, USCIS will have 70 days to finish processing the application after USCIS receives the evidence. Now, under the same scenario, if the required INITIAL evidence was missing, USCIS would have the full 90 days after you submit such initial evidence to finish processing your application.

[KarenCee 3]

Just an update on our case

We got the RFE. It stated in our letter that the EAD was on hold...blah blah blah like everyone else's. Including the bit about the additional 90 days.

Our NOA1 was dated July 31. Biometrics August 15.

RFE was submitted and received September 14 (via email)

EAD was approved on September 20. So in our case it appears that the EAD processing was resumed once the RFE was received.

In other words, within the initial 90 days.

Of course, this is just our case. That may not be the case with everyone else. Written in plain english.

[am1996 0]

So in our case it appears that the EAD processing was resumed once the RFE was received.

In other words, within the initial 90 days.

Of course, this is just our case. That may not be the case with everyone else. Written in plain english.

Once you submit the info requested in the RFE, in every single case where the request was for anything other than INITIAL evidence, USCIS simply resumes processing of the EAD application. If you receive and respond to the RFE quickly, you only end up losing a couple of "processing" days, so it would not be at all surprising if the EAD would still be issued within the 90 day period from NOA1.

If, however, USCIS does NOT approve your EAD within 90 days from NOA1 and there was an RFE issued, you can use the explanation I provided in the post above to determine at what point you'll be entitled to make an infopass appointment to receive your automatic EAD.

[MrsAmera 41]

Well this use to be the case - making an Infopass appt. after 90 days to get your interim EAD but starting Sept. 1 I think it has been discontinued. We had an appointment on the 12th of September to get my husband's interim EAD as 90 days had passed, however we were told they could no longer issue interim EAD's and our case was still pending. I have since contacted my senator to find out what the real scoop is since we paid for the EAD and I feel like I deserve an answer or a refund (haha)..... IF USCIS decided they were going to implement this process they should have said "All applications recieved as of XX/XX/XX will no longer be eligible to recieve an interim EAD after 90 days..." I just think it's totally unfair because we went into applying for the EAD and paying for it with the knowledge that after 90 days a decision would be made.....Oh well...