HERE IS SOME DEFINITIVE INFO
Eligibility for an Interim EAD if an RFE Has Been Issued on the Pending Form I-765 Application for Employment Authorization
The impact of a Request for Evidence (RFE) on an applicant's eligibility for an interim EAD depends on the type of evidence that the RFE requests. If USCIS issues an RFE for initial evidence – that is, evidence required by the federal regulations governing EAD applications or by the application instructions themselves – USCIS will re-set the 90 day adjudication clock. The 90 day clock will start all over again upon USCIS’ receipt of the applicant’s response to the RFE. However, if the RFE seeks additional evidence not otherwise required by the regulations or the application itself, USCIS will toll the 90 day period until receipt of the response to the RFE, at which time 90 day window will resume from the point of interruption.
So, a RFE for initial evidence means that USCIS will start the 90-day adjudication cycle all over again from the time USCIS receives the evidence requested by the RFE. A RFE for additional evidence means the clock is suspended but continues from the point at which the clock was suspended when the RFE was issued.
Eligibility for an Interim EAD if an RFE Has Been Issued on the Pending Underlying Application?
Current regulations indicate that only an RFE for initial evidence on the pending underlying application will suspend the applicant's interim benefits, including interim employment authorization. The suspension will remain in effect until USCIS receives the applicant's response to the RFE.
i. The authority on the issuance of interim employment authorization documents may be found at 8 CFR §274a.13 (d).
ii. The regulation can be found at 8 CFR §103.2(b) (10) (ii).
