rumors on first EAD hold

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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.
 
All concurrent filers have to undergo a prelimnary I140 application review. If you get a RFE because of that review, then logically it means that the clock is stopped temporarily or reset completely.

You can also try it at the nearest district office instead of local office.
However you will know only when you go there and try. If you post your city name, somebody with personal experience might respond. General predications dont help.
 
At NSC,I received my EAD after I-140 RFE within 90 days

Hi,
I had an I-140 RFE,and after We sent the reply to NSC.In about 3 days I-140 was approved and after that in 10 days I got my EAD approved.

Dates:EB2-MI at NSC
I-140 RD:01/22/2003
I-485/EAD/AP RD:03/14/2003

RFE on I-140 04/29/2003("Company's Ability To Pay")
RFE reply on 05/27/2003(with employer's latest TAX filings,etc)

I-140 AD:05/30/2003

EAD AD:06/10/2003
AP AD:06/11/2003

Hope this helps,
Abhi
 
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One of the BCIS 3 rules on EAD.

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.
 
Interesting... What if RFE is issued for address confirmation... Does the clock start again on the day RFE was issued?

IS this rule specific only to I-140 rfes or it applies to all kinds of rfe's...

These INS rules are so confusing.....
 
abhi485,

I do not understand what you say in the rule is wrong.

Your EAD was only approved after the 140 was approved i.e 140 RFE was cleared !!
 
i deleted my prev. posting.

Hi GCseekerInd,
Now i understood what u were trying to tell.
Thanks
 
Thx abhi485.

As for the BCIS/INS rules, are they official? I mean are they published somewhere? Shouldn't an applicant know about them? Or for BCIS our life schedules, our commitements and so on don't mean a dman thing. Well, in this case I myself don't give a damn to these BCIS rules. As I said in another thread before, this "rule" with the clock stopping is easily debatable, since I, the applicant, haven't received any notice about that, how should I know?!?
Well, there is a small possibility that the lawyer received that notice instead of me and she didn't tell me.

Anyway, I will go to the BCIS office and find out myself, but first I need to a few to cool off, 'cause I'm really pissed with these unofficial rules and rumors.
 
It is not unofficial rules. First try to understand this- Congress passes law which can be called as rules- rigid no other intrepretation are possible.
BCIS than decided how to implement the law and then publish guidelines, memos and answers to questions from lawyer and others...
This is how we come to know about such things as reset for RFE etc. That is why such immigration forums are thriving...
 
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