IEAD after RFE issued

G

gc_hopefully

Registered Users (C)
I need to get an IEAD for my wife urgently as she got a job offer.
Her online status says that RFE has been issued on 23rd September. My attorney has not received the RFE yet. Is it possible to get an IEAD still from san jose with all the docs. I have a strong feeling that RFE is for marriage certificicate and I-485 receipt as we never received a 485 receipt for her. We do have a cancelled check copy for I-485 .
Has anyone got IEAD with similer situation. Please share your experience.

Thanks
 
gc_hopefully,

the past experience suggests that a local INS office not likely to shell out an IEAD if an RFE was generated for the EAD application. Search the forum for more details.

You can try, though. If they refuse to give your wife an IEAD, ask them if they will issue an IEAD if the RFE is replied to.
 
I got an iEAD from SAN JOSe after I replied for RFE

I got an iEAD from SAN JOSe after I replied for RFE on the original EAD.
 
Local office will issue iEAD if:

Application date - Today's date - (RFE reply received date - RFE issue date) > 90 days
 
SW28 ,
did you get your IEAD after 90 days of replying to RFE or before..

Thanks for replying everyone. I decided that after replying for RFE then I will go and try to get IEAD because the employer won't wait another 90 days for me.
Somehow I have to convince INS to issue it. This is so unfair.
 
niladri30
My question to you is that "Do I have to wait 90 days after replying to RFE?"
I am confuesed. The original EAD application was submitted 90+ days ago but the RFE was issued last week. My attorney will reply this week. Can I goto INS next week to get IEAD.
Please clarify and perdon my lack of understanding.

Thanks
 
Normally, you can get an iEAD on a particular date...say 10/1/03, if 10/1/03 is more than 90 days from the date you filed the application.

If your case has an RFE, and, say 20 days have passed from the time BCIS issued the RFE to the date your RFE reply reached them, then those 20 days do not count towards the 90 days. Your 90 day count does not reset, but gets delayed (increased) by the 20 days.

That's the best I can do to explain the equation above...which is actually very simple. Give it one more try if this explanation is unclear still.

You do not have to wait 90 days after replying to the RFE.
 
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