L2 - Temp. EAD RFE

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netdev2003

Registered Users (C)
Ladies/Gentlemen,

I applied for my wife's Temp. EAD (I'm on L1A and she's on L2) at the California SC on 11/04/03. Since she already had her EAD which expired on 10/01/03, we filed online and were requested to get her biometrics processed and nothing else. We recently recvd. an RFE asking for the following (quoted verbatim):

1) RECEIPT NOTICE: Submit a copy of your receipt notice, (Notice of Action, Form I-797C) for Form I-485 (Application to Register Permanent Residence or Adjust Status), and

2) Evidence of Eligibility: Submit a copy of your approval notice, (Notice of Action, Form I-797) or receipt notice (Form I-797C) for Form I-140, or Form I-360, or Form I-526. If you have filed the I-485 as a derivative alien, submit your spouse's or parent's I797C for his/her I-485 and the I-797 for his/her approvaed or pending I-140, I-360 or I-526.

Your kind help and inputs will be highly appreciated.

Best Regards,
~NetDev
 
Include a letter explaining that your spouse is seeking EAD based on your L1 status. Include a copy of L1 approval notice along with I-94.

Did you indicate in online EAD filing that you are eligible because of spouse's L1 status?
 
Yes, at the following places:

1) Mode of entry - Spouse of L1

2) Current Immigration Status - Spouse of L1

3) Eligibility Criteria: (A) (18)

Thx
 
Originally posted by netdev2003
Yes, at the following places:

1) Mode of entry - Spouse of L1

2) Current Immigration Status - Spouse of L1

3) Eligibility Criteria: (A) (18)

Thx
Click to expand...

I am not so sure but you should have said L2 instead of spouse of L1. Anyway write or walk into the nearest service center and see what they can do about it.
 
Actually, I filed online and those details were automatically entered by the online form based on a few set of questions they asked me. Following that I just printed out the online application.

Thx
 
Did you send the following documents after on line filing:

1. Copy of L1 and L2 petitiosn ( I-797).
2. Copy of her expired EAD(front and back). Also submit the copy of previous EAD approval notice.
3. Marriage Certificate.
4. Did you mention her A# in application?
5. I-94 of L1 and L2.

I did not get the Temp EAD. It should be renewal, shouldn't it?

It is better to apply for Renewal EAD 6 months prior to its expiry because after 90 days you can get Temp EAD.


Are u in the process of change of status ? If not then send letter along with all the supporting dcouments. Burden of proof is always on applicant. Filing online doesn't mean that you don't have to submit supporting documents. It does not cost anything . You could have sent documents with receipt which I am sure you got while filing online . BTW did you get Receipt notice in mail from INS?

Also if you go through instructions of I-765, you will find that you have support your application with necessary documents.

Hope this helps
 
Thanks a lot. This was very informative.

Yes I did recv. the Receipt Notice from INS and I understand the issue here.

Thanks Much.
PS-Any other fine points?
 
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