EAD problem

[NarayanKatar]

I would be very grateful for any inputs from people regarding my EAD application.

RD: Aug 8 (never got receipt)

RFE: Aug 27

RFE response reached INS: 03 Oct

I thought RFEs get first priority. I can see that VSC is now processing EAD cases received end Sept.

On what date will I be eligible to get an interim EAD. Is it 90 days from original receipt by INS?

Or will they add the period of time that the RFE was outstanding?

I would appreciate greatly if members could assist with any information.

This forum has been a great source of knowledge for me. Thank you all.

 

[jaxen]

90 days from RFE response's receipt. You need receipt to prove that it has been 90 days from RD at the district office (along with I485 receipt copy)

 

[NarayanKatar]

Somebody pls help me with this info

Originally posted by jaxen
90 days from RFE response's receipt. You need receipt to prove that it has been 90 days from RD at the district office (along with I485 receipt copy)

Jaxen,

My I-765 aplication was with INS for 3 weeks before the RFE was issued. Does this period (3 weeks) get excluded in calculating 90 days.

So if an RFE is issued , the 90 day clock starts all over again from the date the RFEresponse is received. Is that correct?

You also mention that I need receipt to prove RD. I am confused. If the clock is going to start from the time the RFE resposne is received, how does the RD matter.

Original I-765 RD : Aug 8
RFE issued: Aug 27
RFE response recd by INS : Oct 03

Do I get my Interim EAD on

1) Nov 3rd (90 days from original RD)
2) Jan 01st (90 days from RFE response receipt by INS)
3) Dec 10th (if clock stops when RFE was with me)

Thanks for your help.

 

[jaxen]

Once again it is 90 days from the date of receipt of the RFE response by INS. Calculate it yourself.
If you have the original receipt, you can go to district office and give a try for interim EAD after 90 days from EAD application RD. A sympathesizing IIO might give you the interim EAD.

 

[NarayanKatar]

Originally posted by jaxen
Once again it is 90 days from the date of receipt of the RFE response by INS. Calculate it yourself.
If you have the original receipt, you can go to district office and give a try for interim EAD after 90 days from EAD application RD. A sympathesizing IIO might give you the interim EAD.

Thanks Jaxen.

It appears that the local office officials have some discretionary authority while issuing interim EADs.

I donot have a receipt but I do have other documentation that proves receipt (if that helps). A copy of the RFE has the receipt date on it. I have also got the check ($120 sent to INS) from my bank. At the back of the check my case number (EAC XXX...) and the receipt date is stamped.

May be I should go to the local office with all my papers and hope someone helps me.

Thanks again.