Question regarding RFE/I140/EAD

N

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
 
Unless I-140 statutory and prima-facie eligibility review is completed or I-140 is approved, EAD and Advance Parole applications will remain "on hold." Additionally, if RFE is issued for I-140, it stops the clock of running of 90 days for the purpose of eligibility for interim EAD until the response to the EAD is received by the Service Centers.
 
Response not clear - usnycus

Read your response but had some difficulty deciphering what you were trying to say:

My interpretation:
Since I've filed concurrently (I-140 not approved yet) and an RFE has been issued for my I-140, BCIS will not approve/deny the EAD until they have received and processed the RFE response. In essence the EAD will be put on hold until the RFE response is processed.

Is this the message you are trying to get across?
 
Sorry put the exact wording taken from BCIS (INS) Memo. But you understood correctly what that paragraph meant.

BCIS puts hold on AP/EAD if RFE is issued on 140 application. They will wait for the response from the employer and based on the information provided back to them, processing will start.
 
Another question?

So. all I-140 RFEs are only related to the employer or could it have something to do with the labor certification documents?
 
In I140 your company also has to prove that you fulfil requirements of the LC and they have ability to pay the wages set in the LC application (ETA750).
 
Guess I have to wait and see

Well I guess I have to wait and see if the RFE is just related to the company or to me. I'm kinda surprised an RFE was issued since my lawyer is very thorough and experienced so I figured she ha submitted all that was needed. But I figured something was up since my EAD wasn't approved in 2 months (like she had said). Getting that EAD is all I care about right now. I guess the good side of it is that they haven't denied my case as yet.
 
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