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iEAD while RFE on 140
- Thread starter Goku
- Start date
thanks talkative..
How do I know whether processing is restatrted or not? Is it same as receiving reply for RFE? Or do I have to wait 90 more days after replying RFE?
How do I know whether processing is restatrted or not? Is it same as receiving reply for RFE? Or do I have to wait 90 more days after replying RFE?
Originally posted by talkative
No -- you cannot get iEAD when RFE is pending. Once BCIS says response is received and processing has restarted, you have to wait 90 more days to qualify for iEAD
Jharkhandi
Registered Users (C)
I think your count will stop on the day when RFE was issued and restart once they clear it. It will not be fresh count of 90 days.
thanks Jharkhandi ..
So the days during which the RFE was out will not count towards 90 days?
I got my RFE after 60 days from ND, and we replied to it after 60 days from receiving RFE . Do I have to wait 30 more days to complete the 90 day count?
Anyone else has any experience in getting iEAD with 140 RFE ( either replied or not replied ) please post it ..
thanks
So the days during which the RFE was out will not count towards 90 days?
I got my RFE after 60 days from ND, and we replied to it after 60 days from receiving RFE . Do I have to wait 30 more days to complete the 90 day count?
Anyone else has any experience in getting iEAD with 140 RFE ( either replied or not replied ) please post it ..
thanks
Originally posted by Jharkhandi
I think your count will stop on the day when RFE was issued and restart once they clear it. It will not be fresh count of 90 days.
Jharkhandi
Registered Users (C)
Originally posted by Goku
thanks Jharkhandi ..
So the days during which the RFE was out will not count towards 90 days?
I got my RFE after 60 days from ND, and we replied to it after 60 days from receiving RFE . Do I have to wait 30 more days to complete the 90 day count?
Anyone else has any experience in getting iEAD with 140 RFE ( either replied or not replied ) please post it ..
thanks
Yes 30 days left for you, when they will accept the evidence and clear your file's status from RFE.
Originally posted by talkative
No -- you cannot get iEAD when RFE is pending. Once BCIS says response is received and processing has restarted, you have to wait 90 more days to qualify for iEAD
Are you sure? talkative? If yes please let us know where you get this information. Because if my wife doesn't get her interim EAD by the end of May, I will definitely be put on a frying pan by her. CIS issued an 140 RFE in my case on April 5, 2004. Worst of all, I have not received it ....
I sent this interim EAD question to my attorney. as follows is her answer.
If CIS requests for "Initial evidence" for I-140, the I-765 application may be put to a stop until further evidence submitted. However, if I-140 is based on a certified LC, it is likely that REF is for "Additional evidence" not "Initial evidence," and, therefore, should not in any way affect I-765 application.
Thanks,
Chandler
I think Jharkhandi and your Attorney are definitely more informed than me. I don't have any first hand experience.
What I'm telling is based off of my understanding of this document (below, not sure where I got it, it was in some email). Anyway, if below is correct, then your clock shouldn't stop at all if it's for additional evidence.
Best of luck buddy -- I can totally relate to your situation. BCIS sucks..
[PS - they put a block on my EAD during the initial review, without issuing RFE (initial or additional), *AND* refuse to issue interim EAD.. Sigh]
~Talkative
AILA InfoNet at Doc. No. 03060344
Service Center Operations 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 conduct a prima facie review of the I-140 petition within 45 – 60 days of receipt or adjudicate the petition within 60 days.
(1) Where the center determines that an RFE is required on prima facie review, the RFE must be issued within 75 days of petition receipt.
(2) 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”. 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.
What I'm telling is based off of my understanding of this document (below, not sure where I got it, it was in some email). Anyway, if below is correct, then your clock shouldn't stop at all if it's for additional evidence.
Best of luck buddy -- I can totally relate to your situation. BCIS sucks..
[PS - they put a block on my EAD during the initial review, without issuing RFE (initial or additional), *AND* refuse to issue interim EAD.. Sigh]
~Talkative
AILA InfoNet at Doc. No. 03060344
Service Center Operations 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 conduct a prima facie review of the I-140 petition within 45 – 60 days of receipt or adjudicate the petition within 60 days.
(1) Where the center determines that an RFE is required on prima facie review, the RFE must be issued within 75 days of petition receipt.
(2) 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”. 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.