Does RFIE really reset the 90 day clock?

[Dutchster 1,106]

-This is going to be quite long lol- From the year I've been on VJ I seen a lot of people claiming the USCIS does not reset the 90-day clock for the I-765 & I-131 petition after issueing a Request for Initial Evidence for the I-485 petition. According to the official website it's still the case but I seen a lot of members claiming otherwise. I've also seen people who got slightly delayed but indeed, no total reset.  I seen people saying they called with the USCIS where tier 1 seems to agree that they don't reset clocks anymore. Now here's the confusing part collapsing with everything between what people say and what the USCIS claims;

I got in contact with my Tennessee congresswoman since I hit the 90-day clock for my RFIE for the I-485, issued on Dec 8th. Since December 19 nothing has happend to my case nor my EAD/AP has been touched since late October. I contacted her after my service request two weeks ago where I got an e-mail from the USCIS claiming I am within current processing times and my did 90 days restart from the moment they received my response to the RFIE. Confusing of course, is it a standard e-mail or not? As much as I want to believe they do not reset -as what people claim-, the e-mail sounds very legit. My congresswoman got in contact with the NBC regarding to my I-765 and today I got two letters. One official one from the congress office stating the NBC reached out to them: "My office recently received an interim response from the National Benefit Center concerning your request, which I have enclosed in this letter. My staff will continue to work on your case and follow up as necessary with the agency to receive a final response. Etc etc" Enclosed I found the interim printed out confirming the 90 day reset;

"Good afternoon Bonny,
Thank you for your inquiry regarding this constituent's immigration matter. This case is currently within our normal processing times. Our records indicate that we received a response to a request for additional evidence for the underlying I-485 application on 12/19/2016. The form I-765 will be processed within 90 days of the receipt of the requested evidence. Pursuant to 8CFR 103.2(b)(10)(ii), the processing of the forms I-765 and I-131 will be completed within 90 days of the receipt of the missing initial evidence for form I-485, All expedite requests are reviewed on a case-by-case basis. It is a burden of the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met .. etc etc"

Anyways, it was signed by congressional Liaison of the Congressional United. So as what it looks like - they still do reset. Or some adjudicators don't follow the rules as I seen people being approved fast after their RFE response. I think it's quite a confusing subject for all of us who received a RFE and wait for an EAD approval. Seems like it's a Russian Roulette. 

What do you think?

Edited January 21, 2017 by Dutchster

[Ebunoluwa 6,136]

I think that the reset rule is used as an explanation, or excuse if you will, when they are running behind but that the 

reset rule is not used generally. It was not used in our case either and most members here that post about it.
They use it as it fits their agenda.

[Ash.1101 1,755]

53 minutes ago, Ebunoluwa said:

I think that the reset rule is used as an explanation, or excuse if you will, when they are running behind but that the 

reset rule is not used generally. It was not used in our case either and most members here that post about it.
They use it as it fits their agenda.

I agree 100% with this. I think it's a disclaimer so if it takes a really long time for them to get to your things, they can just go "well we did tell you that X,Y, and Z would happen, so call back after 90 more days!" and then wash their hands of the person calling them.

[Dutchster 1,106]

See, I had this feeling too but I didn't want to jump in to that conclusion right away. Makes sense, knowing the USCIS.