RFE's effect on EAD processing time?

[kyleers 0]

For those of you who have gotten an RFE while applying for AOS/EAD:

We had our NOA1 on January 27, but got an RFE which they say they received on March 3. So, our case is back on track as of March 3.

We had his biometrics appointment on February 23 (before we even heard news of the RFE, although the RFE was dated February 17).

Right now the AOS case status says "On March 3, 2006, we received your response to our request for evidence or information. It is taking between 120 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message."

However, the RFE said that we will be ineligible for an interim EAD 90 days from when they received the RFE back.

I just wanted to make sure I was understanding right:

At the worst case, rather than being eligible for an interim EAD 90 days from our NOA 1 (which would be April 27), now, because we got an RFE, he's eligible for an interim EAD 90 days from our RFE return date (which would be May 31). Did I understand that right?

Also, for those of you who have had RFEs, did they end up taking more than 90 days from your NOA1 to get your EAD, or did you find that it was in the regular 90 days from the NOA despite the RFE? I'm looking at worst case scenario here. There is of course the chance (hopefully the likelihood) that they'll do it before 90 days.

I know that it will essentially delay his AOS case the 35 days that we lost between the NOA1 on January 27 and the RFE return on March 3, but I'm not so concerned about that... it's the EAD that concerns me, because it's proving to be a huge pain in the butt for my husband not to be able to work right now. I'm in nursing school and was barely able to make it on my own, let alone with two of us. Plus I'm finish my last semester in another city, so we're going to be moving in a couple months and will have a higher rent and moving costs, a fridge and washer and dryer to buy, etc! > Plus, I keep getting frustrated (although I know I shouldn't since everything is such a case by case basis) because someone who had their NOA right next to ours already got transferred to CSC, and another person who had their biometrics appointment right by ours got their EAD a week after their appointment. I'm happy for them but I wanna catch up!

[Jenn! 918]

No answer for you, but the same question. We got an RFE Friday, and it had that same clause about no interim employment authorization for 90 days.

I was worried that it would delay the entire EAD application for 90 days. I hope that you are correct instead and that EAD processing will continue as before.

I hope someone can answer this with some certainty...

[Autumnal 25]

Good friend of mine got an RFE for her I-864 and she went ahead with biometrics and processing for her EAD/AP. She was not informed of any delays and is expecting to receive it shortly (because biometrics were done a fortnight ago).

Hope that brings some light to the situation. You could also ask at an Infopass appointment or the dis-information line.

[tomica52 0]

I am in the same boat. From what I understand EAD could take up to 90 days from when you submit your RFE. But hopefully that will not be the case for any of us.

Alex

[susaenneli 0]

I am in the same boat. Would like to know if everything will be delayed for 90 days

What about AP??

[CrunchTeal 0]

Would like to know if everything will be delayed for 90 days

It wasnt for me , i got my EAD about 3 weeks after submitting the changed document. I may have been very fortunate. It seems I was in a batch of approved EAD's some of which had filed long before me.

Another thing , the online site is ridiculously innacurate at predicting timelines. I had my EAD in hand the day before the website showed I had been approved.

Here's hoping for you !

[lynnd227 0]

Wondering the same thing. I checked RFE we received on January 1, and it says the same thing.

What I want to know is that the RFE for the AOS has to do with the EAD application when everything there was in order?

Hard to find out, it seams. We called MSC yesterday and after 10 minutes on hold, we were disconnected.

We scheduled an infopass appointment, but it may behoove us to cancel it until we find out whether we are within our rights to seek an interim EAD.

Hoping for some clarification.

Lynn and Liam

[Jenn! 918]

Wondering the same thing. I checked RFE we received on January 1, and it says the same thing.

What I want to know is that the RFE for the AOS has to do with the EAD application when everything there was in order?

Hard to find out, it seams. We called MSC yesterday and after 10 minutes on hold, we were disconnected.

We scheduled an infopass appointment, but it may behoove us to cancel it until we find out whether we are within our rights to seek an interim EAD.

Hoping for some clarification.

Lynn and Liam

The RFE holds up the EAD because you were able to file for the EAD based on the fact that you are adjusting status. While waiting for the RFE response, USCIS stops processing the I-485. Since during that time you are not adjusting status, the EAD can not be approved, since its approval is pending your active AOS application.

Basically what the statement on the RFE means is equivalent to saying that the date we receive your RFE response is your new NOA1 date. Therefore you can not apply for an interim EAD until 90 days after this new date.

It does not necessarily mean that your EAD will be delayed.

[lynnd227 0]

Jenn:

Yes, you are correct.

I went and looked up the law regarding this particular problem.

In essence, it does give INS the opportunity to add additional processing time to the case, although the AOS and EAD were filed and paid for as individual applications.

I'm sure there are some of us still wondering why, with having our "K1" fiance visa applications in order and approved, it would take longer than 30 days to process an EAD (after biometrics...and in our case, it has been nearly 6 weeks since biometrics for both EAD and AOS).

Nevertheless, the law is the law.

So the wait goes on.

For those of you who must add time on to your 90 days because of an RFE...I wouldn't wait longer than the additional time before making an infopass appointment.

Remember, although we are dealing with the "authorities" when dealing with INS, they are still civil servants (yes, they hate to be called that, but when I worked for the FEDS, that is what we were called) and it is our tax dollars and application fees that make their wages!!!!!!!!!!

Good luck to all of you and the Kindest of Regards,

Lynn and Liam

Wondering the same thing. I checked RFE we received on January 1, and it says the same thing.

What I want to know is that the RFE for the AOS has to do with the EAD application when everything there was in order?

Hard to find out, it seams. We called MSC yesterday and after 10 minutes on hold, we were disconnected.

We scheduled an infopass appointment, but it may behoove us to cancel it until we find out whether we are within our rights to seek an interim EAD.

Hoping for some clarification.

Lynn and Liam

The RFE holds up the EAD because you were able to file for the EAD based on the fact that you are adjusting status. While waiting for the RFE response, USCIS stops processing the I-485. Since during that time you are not adjusting status, the EAD can not be approved, since its approval is pending your active AOS application.

Basically what the statement on the RFE means is equivalent to saying that the date we receive your RFE response is your new NOA1 date. Therefore you can not apply for an interim EAD until 90 days after this new date.

It does not necessarily mean that your EAD will be delayed.

[kyleers 0]

Jenn:

Yes, you are correct.

I went and looked up the law regarding this particular problem.

In essence, it does give INS the opportunity to add additional processing time to the case, although the AOS and EAD were filed and paid for as individual applications.

I'm sure there are some of us still wondering why, with having our "K1" fiance visa applications in order and approved, it would take longer than 30 days to process an EAD (after biometrics...and in our case, it has been nearly 6 weeks since biometrics for both EAD and AOS).

Nevertheless, the law is the law.

So the wait goes on.

For those of you who must add time on to your 90 days because of an RFE...I wouldn't wait longer than the additional time before making an infopass appointment.

Remember, although we are dealing with the "authorities" when dealing with INS, they are still civil servants (yes, they hate to be called that, but when I worked for the FEDS, that is what we were called) and it is our tax dollars and application fees that make their wages!!!!!!!!!!

Good luck to all of you and the Kindest of Regards,

Lynn and Liam

Hi everyone, thanks for your responses. I will make an InfoPass appointment at the end of May if we don't get our EAD by then. Who knows, USCIS are so misinformed and disorganized that they might not realize I can't apply until 90 days after my RFE submission rather than my NOA. Conveniently, we move down to Phoenix at the end of May, so I'll have the local office nearby. I just hope we'll get it soon!

Another thing , the online site is ridiculously innacurate at predicting timelines. I had my EAD in hand the day before the website showed I had been approved.

Here's hoping for you !

Do you mean to say that you got your EAD in the mail before the USCIS site was updated reflecting your approval?

Thanks!

Edited March 28, 2006 by kyleers

[Pat4316 0]

Jenn:

Yes, you are correct.

I went and looked up the law regarding this particular problem.

In essence, it does give INS the opportunity to add additional processing time to the case, although the AOS and EAD were filed and paid for as individual applications.

I'm sure there are some of us still wondering why, with having our "K1" fiance visa applications in order and approved, it would take longer than 30 days to process an EAD (after biometrics...and in our case, it has been nearly 6 weeks since biometrics for both EAD and AOS).

Nevertheless, the law is the law.

So the wait goes on.

For those of you who must add time on to your 90 days because of an RFE...I wouldn't wait longer than the additional time before making an infopass appointment.

Remember, although we are dealing with the "authorities" when dealing with INS, they are still civil servants (yes, they hate to be called that, but when I worked for the FEDS, that is what we were called) and it is our tax dollars and application fees that make their wages!!!!!!!!!!

Good luck to all of you and the Kindest of Regards,

Lynn and Liam

Hi everyone, thanks for your responses. I will make an InfoPass appointment at the end of May if we don't get our EAD by then. Who knows, USCIS are so misinformed and disorganized that they might not realize I can't apply until 90 days after my RFE submission rather than my NOA. Conveniently, we move down to Phoenix at the end of May, so I'll have the local office nearby. I just hope we'll get it soon!

Another thing , the online site is ridiculously innacurate at predicting timelines. I had my EAD in hand the day before the website showed I had been approved.

Here's hoping for you !

Do you mean to say that you got your EAD in the mail before the USCIS site was updated reflecting your approval?

Thanks!

Hey!! Guys! Don't worry about that, believe me.....I had the exact problem like all you guys before. But my husband and I already fixed it. And I agree that you should make an appointment through infopass, because I got the temporary work permit before but I didn't tell them that I was requested for more additional evidence, I wasn't tricky but I didn't know that I wasn't eligible to get the EAD in 90 days after sending the RFE, because I didn't see that part.(after I got back home from my local office I just saw that part) Anyway, I already got EAD and my interview notice on the same day. Actually, I already posted this experience in other topics for a few times, if you haven't seen it and want to know what my husband and I did, please just ask me through this website, I'll try to check as often as I can.

[popocat 0]

Hey!! Guys! Don't worry about that, believe me.....I had the exact problem like all you guys before. But my husband and I already fixed it. And I agree that you should make an appointment through infopass, because I got the temporary work permit before but I didn't tell them that I was requested for more additional evidence, I wasn't tricky but I didn't know that I wasn't eligible to get the EAD in 90 days after sending the RFE, because I didn't see that part.(after I got back home from my local office I just saw that part) Anyway, I already got EAD and my interview notice on the same day. Actually, I already posted this experience in other topics for a few times, if you haven't seen it and want to know what my husband and I did, please just ask me through this website, I'll try to check as often as I can.

Hi!! Thank you for post it !!

These people's time lines gave me some idea of how long it gonna be and your infopass appointment imformation is helpful, too. Since I got RFE, I may make infopass appointment if I did not get any response after that.

Popocat