Question regarding RFE/I140/EAD

[NoVAguy]

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

 

[nkm-oct23]

Originally posted by NoVAguy
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

I think recently BCIS in a recent memo stated that EAD and AP will be issued only if the I-140 petition filed as a part of concurrent filing is clearly approvable and that if I-140 is denied, all subsequent petition derived form I-140 (485, EAD, AP) also will be denied.

If an RFE for I-140 is issued, then it is not approvable until the issued raised in the RFE are cleared. Under these circumstances BCIS is NOT LIKELY to issue EAD or AP.

This is just my personal opinion.