can I get Interim EAD after I-140 RFE replied

T

TNGuy

Registered Users (C)
Do you guys know, weather local INS office will issue Interim EAD, if there is an RFE on I-140? I had an RFE on I-140 and replied and USCIS site is update with that.
I just want to know weather I can get Interim EAD? I am planning to go to New York City office
 
TNGuy said:
Do you guys know, weather local INS office will issue Interim EAD, if there is an RFE on I-140?
---NO, till the date your employer sends back the RFEand USCIS accepts the documents or arguments of your lawyer.
I had an RFE on I-140 and replied and USCIS site is update with that.
I just want to know weather I can get Interim EAD? I am planning to go to New York City office
Click to expand...
 
Congrats TNGuy,

On what date was the Rfe issued to your I-140? Did the LUD change immediately for your Case at that stage? Did you apply for 485??

MY EB3 140 (Labor Sub) was filed on April 15.The LUD is April 26th since.
One of Friends Case (EB3 Labor Substituted Consulate Processing)was also approved in 2 Months

Regards
 
If USCIS hasn't accept your I140 RFE, there will still be a "HOLD" on your EAD application and you won't be able to get iEAD until the "HOLD" is removed. 90 days rule doesn't apply in this case. Unfortunately, there is no way you can know whether the "HOLD" is still there. It doesn't worth to wait 1/2 a day in the local office to find out your application is still on hold.
 
RFE was issued some time in April'04. But was replied in June'04 by my attorney. After RFE is replied, USCIS LUD changed saying my response was received. I went for Interim EAD after 90 days from my Notice Date (concurrent filing). No questions were asked and we got it.
 
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