Interim EAD is expiring ... RFE on EAD

L

Lamba

Registered Users (C)
I applied for EAD renewal on DEC 23, 2002 because my first EAD had to expire on April 1, 2003. I waited for 90 days but did not receive EAD. So I went to St. Paul local INS office and got interim EAD on March 24, 2003. This EAD is valid for 3 months only i,e it will be expired on July 1, 2003.

On April 24, 2003 I received an RFE (request for evidence) on my EAD application. I replied the RFE on April 25, 2003.

Now my question is what will happen if after submitting documenbts of RFE I don't receiceve EAD prior to expiration of my current interim EAD?
Am I still eligible to go to local INS office again and get second interim EAD if I don't receive EAD prior to expiration of my current interim EAD (i.e. before July 1, 2003)? OR I still have to wait for 90 days after the RFE response?

What does local INS office policy say in this case? Do they issue 2nd interim EAD to those applicant whose application has RFE and RFE has been responded? Do they say to wait for 90 days after the RFE response before applying for interim EAD?

Any information or guide will be highly appreciated ... thanks
 
I am exactly in the same boat. I got an RFE fo establishing my true name on 26th Apr. My EAD is expiring 26th May. I went to the local INS(Arlington VA) to get an IEAD today. They informed me that they don't issue an IEAD if there is a RFE. I don't know what to do. I replied to the RFE on 28th April. The online system is not yet updated. Any ideas, let me know
 
Timeframe for I485

Hello,

I called Customer Service Center today and they've told me that the new timeframe is 19 months from the RD.

If the timeframe will expire, then we can call Customer Service Center again and ask for details.

Seems that waiting is the only answer ....

Cheers,
Vanessa
 
Originally posted by nyman
I am exactly in the same boat. I got an RFE fo establishing my true name on 26th Apr. My EAD is expiring 26th May. I went to the local INS(Arlington VA) to get an IEAD today. They informed me that they don't issue an IEAD if there is a RFE. I don't know what to do. I replied to the RFE on 28th April. The online system is not yet updated. Any ideas, let me know
Click to expand...

When did you apply for EAD renewal? May I know what exactly did they say? Also, did you keep the mail receipt and return receipt for your record when you replied to RFE?

I heard that if RFE has been replied and 90 days have been passed to your original EAD application than you can get interim-EAD. I am not sure this is true or not ... this info was given to me by someone from this forum.

Let me know what's going on ... thanks
 
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Same situation. EAD RD is 12/4/02. Got an interim EAD after 90 days (valid only for 90 days). Clerk at BCIS told me I would have to keep coming back every 90 days until the original EAD application had been adjudicated, but that they would issue 2nd EADs. This was in March at the Portland, OR branch.
Rgds,
sadiq
 
Originally posted by sadiq
Same situation. EAD RD is 12/4/02. Got an interim EAD after 90 days (valid only for 90 days). Clerk at BCIS told me I would have to keep coming back every 90 days until the original EAD application had been adjudicated, but that they would issue 2nd EADs. This was in March at the Portland, OR branch.
Rgds,
sadiq
Click to expand...

Did you have RFE on your EAD application at the time you applied for interim-EAD?
 
I did not. In fact, I don't even have an RFE right now. I don't see why they won't issue you one anyways since teh RFE means the case is still open. Anyone else have experience on this matter?
rgds,
sadiq
 
My EAD renewal details
MD 02-24-2003
RD 02-26-2003 ( USPS DELIVERY )
ND 02-28-2003
RFE 04-22-2003
RFE REPLY 04-29-2003 ( USPS DELIVERY)
Online system not yet updated with the rfe reply.
I haven't received a receipt for my EAD yet. I just received the payment slip. Then I directly received the RFE. I have kept a copy of the RFE notice and the payment slip for my records.
Today ( 05-01-2003 ) I went to local INS. They said they won't issue an interm EAD if there is a RFE on the case. This may be the knowledge of that officer I happened to meet at the counter today. I am going to try again tommorow, hopefully I meet a nicer officer tommorrow.
 
After hoping for 5 months I just came to know that NSC has issued REF for both my EAD and AP application. This is so heart breaking. I have not received my RFE's but can anybody share with me what are the usual RFE's for EAD and AP. My details below. Thanks a lot for your reply in advance.

RD:Concurrent Filing I-140/I-485/I-131/I-765 on 11/23/02
ND: All of them on 12/06/02
I-140 AD: 02/07/03
RFE for I-765 and I-131: 04/30/03

I was thinking of going home for so long, but today I am really cut in million pieces. I am not sure when I will be going home to see my folks again.

muntasir
 
RFEs for EAD and AP!

First of all don't be depressed. Have faith and patience. Most of the people are in the similar situation...

We received RFEs for EAD and AP for our Son. In both the RFEs, they required very clear colored picture ID showing date of birth. It was stated that taking enlarged copy would be a good idea as the facial features should be very clear. We have replied to the RFEs by sending copy of the first page of the passport.

I have read in this forum only that people are sending copy of the driver's license along with the first page of the passport.

Some people got RFE for sending photographs which are not according to the INS specifications.

Now, my application was similar to my son's application but he got RFEs and my EAD and AP got cleared in 76 and 77 days! So every case is different!!

Good Luck and keep us posted when you receive RFEs as we learn from other's experiences!!
 
Hi Kali_Chinki,

thanks a lot for your encouraging mail and surely I am not depressed that much anymore. It just that I was hoping to go home, and now after RFE, only God knows how long it will take them to clear my AP and EAD. I had sent the entire copy of my passport and drivers license and every other papers that is possible to attach with the application. After your email, now I am thinking it might be because of the picture requirement. But rather than wondering, I will wait to get the RFE's and will surely will keep everybody posted of the details. Thanks again for your sympathy.

muntasir
 
Yes, we also mailed the copy of the passport etc. with the application but still they needed the fresh picture ID with date of birth!!
Before mailing our application our lawyer had told us the required specifications for the photographs and he also recommended Sears and one more place to go for pictures. We went to Sears and our pictures were accepted.
My husband is applying for his EAD and AP. He went to Sears and got the pictures ( That day the Girl on duty was new...) but next day we received a call from our lawyer that the pictures were not according to specifications and he needed new pictures ( The new girl took front face pict. whereas the requirement is of side face...Right ear being visible)!

Sears gives guarantee for the pictures. Means if they are not accepted by INS they refund your money or give you the new set of pictures free. My husband went there again and got the new pictures!! This has wasted 5 days of his but is still better than receiving an RFE! Looking at our son's case he is sending a colored copies of Passport's first page and driver's license along with the application.

Just wanted to share the experience....

Good Luck!
 
Kali_Chinki,

I have talked to my lawyer and she thinks that it might be the picture. I took the pictures at Walgreen and trimmed those by myself. I was kind of suspicious at that time about the pictures and told my lawyer to take a look at those. I guess she kind of ignored the detailed (should blame myself too) that time. Anyway I guess I will be going to sears this time as it seems they are aware of the specification. By the way I like your nick name. Even though I am not from India, I have a long relationship with India. I had my bachelor degree there. I guess you are from India (not trying to invade your privacy). Thanks again for sharing your experience. Good luck with your I-485.

muntasir
 
Originally posted by nyman
My EAD renewal details
MD 02-24-2003
RD 02-26-2003 ( USPS DELIVERY )
ND 02-28-2003
RFE 04-22-2003
RFE REPLY 04-29-2003 ( USPS DELIVERY)
Online system not yet updated with the rfe reply.
I haven't received a receipt for my EAD yet. I just received the payment slip. Then I directly received the RFE. I have kept a copy of the RFE notice and the payment slip for my records.
Today ( 05-01-2003 ) I went to local INS. They said they won't issue an interm EAD if there is a RFE on the case. This may be the knowledge of that officer I happened to meet at the counter today. I am going to try again tommorow, hopefully I meet a nicer officer tommorrow.
Click to expand...

Interim EAD is issued when the INS has failed to adjudicate an application within 90 days of receipt of a properly filed EAD application.

I guess Local INS did not issue i-EAD because 90 days period has not been over yet on your application.
 
Hi nyman!
Did you get interim EAD when you went to local INS 2nd time? ... just wondering
 
Approved

I am from NSEERS country but I was not subject for finger printing because my last entry the US was after 09/30/02 and I was also not registered at the border upon my last entry. I received RFE on both 485 and EAD applications regarding NSEERS registration. They requested for a copy of the arrival-departure record (I-94) that indicates NSEERS registration (Fingerprint Identification Number). In response to RFE my attorney sent a letter to cover all these detail and explained them why I am not subject for the registration. Then after following things happened:

485 case was transferred from NSC to local office (Bloomington, Minnesota) … June 03.
Second EAD applied in July 03 at local office and received it same day
Second finger printing was done in Oct. 03.
Interview call letter received in Nov 03.
Interview was done in Dec 03. Passport was also stamped at the time of interview.

Today I feel free … wish you best of luck.
 
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