Question regarding RFE/I140/EAD

NoVAguy

Registered Users (C)
I am a concurrent filer 485/765/140 filed in December (EB3 category). Recently checked case status and saw that an RFE was mailed to me a few days ago (yet to receive it in the mail, so don't know what it is about). EAD not approved yet, over 60 days since the notice date etc. Was just wondering if RFEs issued on I140 has any effect on EAD approval i.e. does the BCIS wait until they receive RFEs to approve/deny EADs? And also is it a positive/negative thing to receive an RFE for 140 after two months from the notice date?

Novaguy
 
EAD while pending RFE

Hi,

According to what I have been reading and noticing, if RFE is issued for concurrent filers before approval of EAD/AP, there is a good likelyhood that EAD/AP approval will be pending till RFE is replied. But it is also likely that once response to RFE is filed with satisfactory results, then EAD/AP approval is likely to be done very fast after that.
I think the best thing is to file the response to RFE as soon as possible, but not without all the evidence which can be supplied.

Having said that, I just wanted to remind you that this is what I think, there is no rule ( I think) since there are no proper regulations on concurrent filing. But coupld of websites have reported that INS (BCIS) will have a preliminary check of the I-140 before the approcal of EAD/AP and will issue an RFE if they have any questions.

Hope for the best.
Good luck
 
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