rumors on first EAD hold

B

Bic_1702

Registered Users (C)
Hi again!
I've read on Murthy forum about some guys that couldn't get thier first EAD from the local BCIS after 90 days because their I-140 got RFE. Supposedly, the BICS told one of them that their clock stopped on the date they received RFE and that it will start the day they send the RFE in.
My husband just send the RFE on June 10th and I was wondring if I can go to the local BCIS now to get the interim EAD, although according to the above theory 90 days haven't passed yet. (ND FEB. 06 for EAD/AOS, but RFE on I-140 issued on Mar18th).
Any experience with that?
Thk.
 
This original posting at www.immigration-law.com
Sorry, couldnt paste the full url.

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Those who file concurrent I-140/I-485 submission should familiarize themselves with the BCIS practice on issuance of EAD pending adjudication of I-485 applications. Basically, they should remember three rules of the current BCIS policy:
Rule 1: Pending I-485, the applicant is eligible to apply for EAD. If the EAD is not issued by the Service Centers within 90 days, the applicant should obtain Interim EAD at the local district offices, which the local offices should not deny.
Rule 2: Running of 90 days stops when the Service Centers issue RFE for initial evidence with reference to the underlying I-140. When the requested initial evidence is received by the Service Centers, the 90-day clock starts to run all over again. The previously suspended time does not count in counting the new 90 days.
Rule 3: EAD is issued "valid from the date of decision," and does not retroactively go back to the expiration date of the current EAD in the case of EAD renewal. If there is a gap between the two EADS and he/she works during the period of gap, it should constitute an unauthorized employment.
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Thx.
this is really bullshit.
Since the BCIS doesn't make any effort to inform the applicant about that, and since this info is unofficial I guess it is easily arguable.
BUT, who would dare argue with the BCIS officer? Should I? hmmm.
 
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