Interim EAD Question

tipsyclub

Registered Users (C)
Guys,
We've a RFE on EAD and AP for my wife and thinking of applying for Interim EAD.

The RFE is about proof of relationship which has been submitted to INS along with the concurrent filing.They're asking once again as they might have lost the copy of Marriage Certificate.

I heard that we can apply for Intermim EAD after
90days have passed + any RFE time lapsed.

What're the chances of getting Intrim EAD in this case?

I'm in Orlando. Do any of you have experience with INS office in this matter?Please let me know.
 
tipsyclub said:
Guys,
We've a RFE on EAD and AP for my wife and thinking of applying for Interim EAD.

The RFE is about proof of relationship which has been submitted to INS along with the concurrent filing.They're asking once again as they might have lost the copy of Marriage Certificate.

I heard that we can apply for Intermim EAD after
90days have passed + any RFE time lapsed.

What're the chances of getting Intrim EAD in this case?

I'm in Orlando. Do any of you have experience with INS office in this matter?Please let me know.
interim EAD with RFE pending is really difficult.

As you correctly asked, its also a local office policy.
From what I hear here (not specifically to Orlando), more and more local offices don't even look at you for i-EAD if there is a RFE pending.

No harm in trying - but don't have too much hope.

Its one of those things that makes CIS very difficult to understand !
 
RE: RFE on EAD & Applying for Interim EAD

Max2k1 Says:
interim EAD with RFE pending is really difficult.

As you correctly asked, its also a local office policy.
From what I hear here (not specifically to Orlando), more and more local offices don't even look at you for i-EAD if there is a RFE pending.

No harm in trying - but don't have too much hope.

Its one of those things that makes CIS very difficult to understand !

FOUND SOME EVIDENCE HERE. This really helps.

In response to a request for clarification made by the American Immigration Lawyers' Association, the INS Immigrant Services Division provided the following information:

"ISD reminds us that concurrent filing refers to an I-485, I-765 and I-131 filed with an I 140 as well as an I-485, I-765 and I-131 filed to join a pending I-140. If the I 140/ I-485 are filed concurrently, the service centers must take the following steps:

(1) Conduct a prima facie review of the I-140 petition within 45 days of receipt or adjudicate the petition within 60 days. If a center determines that an RFE is required, the RFE must be issued within 75 days of petition receipt. Where the center is adjudicating cases within 60 days, it is possible that an RFE will be issued for “additional evidence”, rather than “initial evidence”.

(2) Maintain a 60-day processing time for concurrently filed I-140s. As indicated above, if an RFE will be issued, it must be issued within 75 days. Once the service center decides to issue an RFE, the RFE will cover any and all evidence. It will not be limited to “initial evidence”. Per 8 CFR 103.2(b)(10)(ii), interim benefits will not be granted based on an application or petition held in suspense for the submission of requested “initial evidence”. In addition, 8 CFR 103.2(b)(10)(i) provides the regulatory basis for restarting the clock at the time the Service receives the response to the RFE. The center then has an additional 90 days to adjudicate the I 765 before an interim EAD will be issued. Therefore, where “initial evidence” is requested or where “initial evidence” and “additional evidence” are both requested, the clock stops on the EAD processing. If the RFE is issued for “additional evidence” only, the clock will not stop and the interim benefits (EAD and advance parole) will be processed.
(3) If there is no processing hold due to an RFE for “initial evidence” or for both “initial evidence” and “additional evidence” and if the 90 day processing is not met at the centers, District Offices should continue to process the I-765s."
Hello Max2k1,
Thanks a lot . I've the copies of RFE and it clearly says the proof of relationship is missing.
Can I take them to INS officer and explain him the situation with all of our documents.

I'm trying to take an appointment with infopass orlando.
http://www.infopass.uscis.gov

I see two options there.
1) It has been more than 90 days since you filed an I-765 and you did not receive an Employment Authorization Card.
2)You wish to speak to an immigration officer.

Which option is the best to choose in this case? Please let me if this whole process helps.

Please don't mind as I'm asking all these questions.I don't mean to scrutinize you guys.

Thanks
 
Last edited by a moderator:
Interim EAD Question / Got it yesterday

Guys,
We've been given Interim EAD though there's an RFE on the actual EAD.
In the beginning officer told us they can't give Interim EAD as the service center has an RFE on it.Later we explanied the situation, then he's ok.

I think some of the officers are really good.Officer had no questions furthur.We just walked away with card.

When can NSC become like this?It's confirmed yesterday that NSC people are just spendthrifting the time in the name of election,holidays etc.

Lucky me.
 
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