RFE and 90 days rule for interim EAD

N

Neely

Registered Users (C)
Hi,

My EAD was applied on November 28 2003 (RD : 12/03/2003) alongwith I140/I485. I receivied an RFE for EAD (photographs do not meet standard) on April 27th 2004. We resent the photos which were received on May11th 2004 . Last update date chaged to June 1st 2004 but status is still the same.

I wish to get interim EAD from Philadelphia but am getting contradictory information about the 90 days rule. I read some forum posts which say that counting restarts from date CIS received RFE whereas some forum posts say that original application date upto RFE will/should also count.

Any one in same boat? Specially, any recent experience at Philadelphia office? How long is the wait , are they co-operative etc.?
I am thinking of giving it a try some time next week. Any help will be greatly appreciated.

Thanks & Regards.
 
Hi Neely
Forget abt all the dates.
Once u have RFE issued on ur case, then no matter what u do, they are not going to give u an Interrim EAD at local office.

Any RFEs have to be cleared before u get an interim EAD
 
It varies between offices...

I'm affected by this right now. Apparently each District Office approaches this differently, there are no clear guidelines. From what I've read online, there seem to be three different approaches:

1) If an RFE is submitted, the application is placed ‘on-hold’. Once the response is received, the application is considered no longer on-hold, and providing 90 days have passed without adjudication being completed, an interim EAD can be granted.
2) If an RFE is submitted, the 90 day clock is restarted once the response has been received. If 90 days have passed since the RFE response was received, without adjudication being completed, an interim EAD can be granted.
3) If the RFE response has been received within 15 days of the RFE submission date, the clock resumes and the interim EAD can be granted as in approach #1. If the RFE response is received beyond 15 days from the RFE submission date, the clock is reset and the interim EAD is granted as in approach #2.

Boston: uses approach #2 (in my experience)
Detroit: uses approach #3 (read at URL below)
http://www.immigration.com/newsletter1/interimeadhandling.html
Anybody have other experiences to add?
 
EAD Approved after 36 days of RFE response

Fianlly , 7 months of wait is over :) . EAD was approved yeterday. Just receivied standard email from USCIS that new card was ordered.
We were planning to go to philly office on Monday to try for iEAD.

Just in case it helps someone, One of the friend who got the iEAD after 90 days from Philly office (straight foraward case , no RFE : got within 3 hrs.) inquired from information counter if one can get iEAD even if 90 days have NOT passed after RFE submission, reponse was "ask the concerned person to represent the case and they MAY issue iEAD if there is an urgent need".
We had the job offer letter from a company so we were planning to use it as reason for urgency.
 
Explorer19 said:
Hi Neely
Forget abt all the dates.
Once u have RFE issued on ur case, then no matter what u do, they are not going to give u an Interrim EAD at local office.

Any RFEs have to be cleared before u get an interim EAD
Click to expand...


Hi,
It has been 100 days of filing of I140/485.....
Got an RFE on I140 ( company's ability to pay....).
Responded to RFE which was received by USCIS on 06/07/2004.
No response yet.
Havent received EADs.
Can i go to local office and get Interim EAD.

techieboy
 
Hi Satanta...

I have applied for my 2nd EAD 5 months ago(VSC), 10 days back I recv'd an RFE for Pictures, I sent them by FEDEX immeditely and my message changed in couple of days, today I went to loacl BCIS office in Denver the officer said straight on my face from Thursday I cannot work as they cannot touch my application for another 85 days, my EAD expires in 3 days.. I have following questions.. Any input will be appreciated.

1. Do I become illegal now,a s my EAd is expiring in few days?!

2. By any chance if these BCIS jokers issue my 2nd EAD will the date be continuation from my 06/24/04 to 06/25/05?! or will it start from the day they approve my 2nd EAD (in this case I will be without staus till they approve my 2nd EAD)

3. I am going to work either way as I can't stop work just like that. Will this effect my 485 application.

I am going to ask the above questions to my solicitor also. But any input from you guys will eb very much appreciated..

Thanks
Myself :confused:
 
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