RFE ON EAD. Can I still get IEAD!!!!

V

vijaynathg

Registered Users (C)
Hi guys,

When I was checking online for my EAD today, I saw that an RFE on my case. I have not received the RFE yet. But mine is a very straight forward case, so I am assuming may be they wanted some additional documents.
Will I still be able to get an Interim EAD in San Jose INS or do I have to wait till everything gets resolved.
I really needed an EAD at this time, did anyone get an Interim EAD with an RFE on on the application.

Really appreciate your help in this regard
 
It's worth a try if you really need it .. but usually they refuse it ..

reply to the RFE asap, who knows you might hear back soon.
 
Silly man is right San Jose INS wull refuse request for iEAD, but law said

"TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)/8 CFR PART 274a -- CONTROL OF EMPLOYMENT OF ALIENS/Sec. 274a.13 Application for employment authorization

(d) Interim employment authorization. The district director shall adjudicate the application within 90 days from the date of receipt of the application by the INS
...
Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days."

From my point of view RFE is not "complete adjudication" and they have to issue interim EAD for people with RFE.
 
thanks tassee.
Is their anyway you can send me the link which tells about the law you have mentioned.

thank you so much
 
my lawyer

I asked my lawyer the question - she says its INS's prerogative & INS can decide either way...
 
Hi Tasse,
I could not find the following document.
8 CFR PART 274a -- CONTROL OF EMPLOYMENT OF ALIENS

Can you please guide me in finding this doc.

Thanks
tscnd
 
When I went to the local BCIS office for iEAD, the officer checked if my I-140 was valid, then if my AOS is pending and for RFE against my EAD application.
 
signature thik kiya karo bhai...RFE nahi to kya ghanta milega.....



Originally posted by vijaynathg
Hi guys,

When I was checking online for my EAD today, I saw that an RFE on my case. I have not received the RFE yet. But mine is a very straight forward case, so I am assuming may be they wanted some additional documents.
Will I still be able to get an Interim EAD in San Jose INS or do I have to wait till everything gets resolved.
I really needed an EAD at this time, did anyone get an Interim EAD with an RFE on on the application.

Really appreciate your help in this regard
Click to expand...
 
If (Today – Notice Date – (RFE received date – RFE sent date)) > 90 you are eligible

If (Today – Notice Date – (RFE received date – RFE sent date)) > 90 you are eligible for IEAD. This is the formula IIO gave me couple of months ago and it worked when I went to SFO to get my IEAD.

Best of luck!
GC
 
Re: If (Today - Notice Date - (RFE received date - RFE sent date)) > 90 you are eligible

seems like BCIS has hired some loser mathameticians....who are coming up with loser formula..and confusing the hell out of them and others...


Originally posted by GC7075
If (Today - Notice Date - (RFE received date - RFE sent date)) > 90 you are eligible for IEAD. This is the formula IIO gave me couple of months ago and it worked when I went to SFO to get my IEAD.

Best of luck!
GC
Click to expand...
 
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