is there a 90 day rule after RFE - Please help

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priyaraman

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Is there any 90 day rule after RFE. I heared that the 90 day rule CLOCK starts again after responding to the RFE ... Not sure if it is true or not and if so under what circumstances ....

Not sure if it true or not in Los Angeles Local Office.

Has anyone recently got the Interim EAD after the RFE in Los Angeles/California.

Please help.
 
what is 90 day rule?

is it like they don't do anything with your case for 90 days after receiving RFE?

in my case it is 159 days after they received RFE response. nobody touched my case after that, so the rule seems to be followed
 
Not that ...

Can we go to get the Interim EAD card after responding to the RFE immediately or do we have to wait for 90 days after responding to the RFE....
 
The initial post was extremely confusing, I am sure you know exactly what you are talking about, unfortunately others do not have the same knowledge about the background of your case, so you need to be clear with your questions in order to get clear answers.

So from what I understand you have received/replied to a RFE for your EAD application and want to know whether you can get an interim EAD 90 days after the initial application was filed.

If that is your question, No harm in trying is my answer. It may very well be that they ask you to wait another 90 days after the RFE was filed, but there is no consistency in the way INS handles these situations and you might very well walk away with a new iEAD.
 
I am really sorry for not being clear ....

Here is my case ...

I-140 approved and I-485 Pending ....

Filed EAD in June 16th ...

Posted an enquiry on Aug 28 ...

Case status changed to , but have not received anything.
"On September 30, 2004, we responded to your request for more information concerning your case. If you have not received our response within 30 days from this date, please call customer service at 1-800-375-5283."

I have already crossed 90 days from the day I have applied my EAD.

Now my question is will they issue me an Interim EAD card after replying to the RFE or will they ask me to wait for 90 days after replying to the RFE. I am worried bacause my EAD will expire if they ask me to wait for another 90 days from the RFE replied date.

Is there any case which has happened like this in Los Angeles office.

Please help.
 
The message you see " ... we responded to your request for more information ... "
is usually NOT an RFE ... do a search here - you'll see many folks have had a similar message.
Its usually a meaningless confirmation of your inquiry (which you filed on Aug 28)
EDIT: See this thread as an example.

Don't assume its an RFE till you see it,
 
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priyaraman said:
I am really sorry for not being clear ....

Here is my case ...

I-140 approved and I-485 Pending ....

Filed EAD in June 16th ...

Posted an enquiry on Aug 28 ...

Case status changed to , but have not received anything.
"On September 30, 2004, we responded to your request for more information concerning your case. If you have not received our response within 30 days from this date, please call customer service at 1-800-375-5283."

I have already crossed 90 days from the day I have applied my EAD.

Now my question is will they issue me an Interim EAD card after replying to the RFE or will they ask me to wait for 90 days after replying to the RFE. I am worried bacause my EAD will expire if they ask me to wait for another 90 days from the RFE replied date.

Is there any case which has happened like this in Los Angeles office.

Please help.
Click to expand...

I would still go for iEAD. I have heard conflicting things about 90 day rule. But take your approved 1-140 and online status inquiry for I-485 along with the original notice. I was in the same boat last year. Applied at San Fran, Got approved no questions asked ...

Best of luck
 
90 days do NOT get reset if you get an RFE for EAD.
However, the date the RFE response is received by USCIS MINUS the date RFE was issued, does NOT count as part of 90 days.

You can still get an interim EAD if:

Today's date - Application File date - (RFE response received date - RFE generate date) >=90
 
Thanks Niladri ... that is what I read in IMMIGRATION.

But, some posts where saying like that that is the reason I got confused.

Do you know cases who got the interim EAD after the RFE and qualify under your scenario ....

I know this INS people do not know the exact rule and they are very confused.
 
A co-worker, who now has a GC, got his EAD after RFE under similar circumstances and date calculations, last year at San Jose.
 
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