RFE on EAD

G

gondi

Registered Users (C)
We filed my Husband's 485 and EAD in 2002 Jan. My 485 got approved in March 2002. We have renewed his EAD 2 times. First one was renewed Jan 2003 for which we didnt hear till yday. The interim EAD is expiring in Dec 2003. so we had filed for another renewal in Sept 2003 so that we can get another interim if the first one or second EAD comes before Dec.

Now we got the RFE on the EAD which was filed on Jan 2003 and the letters says the followin :
SUbmit the copy of I797 approval notice for I-140,I360 or I526 that was approved on ur behalf. If you files I485 as derivative alien, submit your spouse's or parents I797 for his/her I485 AND I797 for his/her approved I140,I360 or I526.Also if you are claiming Derivative status, please submit a marriage or birth cerificate as proof or relationship. If you cant provide evidence of eligibility, please explain ..

Now I have my I140 approval, I485 reciept notice and I485 Approval notice, marriage cert. I dont know whats I360 and I526..can anyone tell me if this is applicable in our case or the douments I have already is enough to reply for RFE?

Also do you foresee any problem geting the EAD in Dec ??


Since we also have receipt notice of the EAD renewal which was filed in Sep 2003, can we use that receipt notice to get the interim EAD in Dec 2003 ?

Please let me know what other documents will be helpful. I have time till Feb2004 to respond to this RFE.

Thanks
gonDi
 
My lawyer forgot to include my I-140 approval last time round and I got RFE'd for the same reason as you. The EAD application mandates that a copy of the I-140 approval be included with the application.

I got my lawyer to reply to the RFE with the I-140 approval copies and my EAD was approved.
 
I did not know that you have to attach I 140 copy wth EAD application as it was my husband's EAD and he is derivative and its my I140. Thanks for the quick reponse, Tasse and londoner.

So you think after I provide the documents, my husband should get the approval ?? How long did it take for your apporval after you sent the document ?

Thanks
 
Originally posted by londoner
The EAD application mandates that a copy of the I-140 approval be included with the application.
Click to expand...

It's not true. The EAD application has nothing about I-140, but BCIS asks about I-140.
 
Interesting - because Lawyer told me they had been told by BCIS to send copies with all EAD applications (including renewals).

Lawyer said it was because many applicants had only H4s (originally no right to work) or H1s had expired, so I-140 provided "right to work" in BCIS' eyes.

I know that EAD form doesn't ask for I-140 approval, but we should probably all send I-140 approvals with renewals to avoid RFEs.
 
Thanks a lot for confirming londoner. Next time (Hope not!) I will make sure to submit the 140 approval. Should I send the original (??) or the copy ?? I have a fax copy from my lawyer, is that okay ??

Thanks
 
Londoner Thanks. How long did it take for you to get the approval after you sent the documents ?
 
I am ready with all the reqd documents to reply to the RFE but which address to use? The letter says one address that came from them and the envelope has another one.

Letter says IMMIGRATION AND NATURALIZATION SERVICE
CALIFORNIA SERVICE CENTER
PO BOX 10765
LAGUNA NIGUEL CA 92607-1076

The enclosed envelope says
US department of Justice
Immigration and Naturalization service
PO BOX 10590
LAGUNA NIGUEL CA 92607-0590

If you notice the PO box and last 4 nos of Zip is different in both addresses. I dont want the documents to be misplaced..can someone who has already replied to RFE tell me which address is correct ??

Thanks
gonDi
 
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status:

On November 14, 2003, we received your response to our request for evidence or information. It is taking between 90 and 90 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

This status was changed in 2 days after we sent the information on 12th Nov. I know they received my reply but what do the last 3 lines mean??

How long can it take to get the approval. Well this RFE is for the EAD which was applied in Jan 2003. We got the interim which will expire in Dec 2003. We also applied renewal in Sept 2003 for which we have another receipt notice and a different WAC no. 90 days will be done on that one before the first interim is over. Can we go n get interim on the renewal even though the original EAD had a RFE and they say they got the reply to RFE ??

Thanks
Gondi
 
I checked the status on EAD today and it changed to :)

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status:

On November 18, 2003, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.
---

we had replied to RFE on 14th Nov.

GonDi
 
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