This is scary...

It sounds like it's being interpreted either way depending who you deal with.

Having to wait 90 days after the RFE response (if applicable) doesn't make any sense IMO. I thought the idea of an iEAD was to allow you to continue working if they can't get you your EAD within 90 days (as long as there is no pending RFE and the I-140 is approved / doesn't have a pending RFE). I would think that having to reset the clock if there's an RFE on the EAD would cause a lot of people to be unable to work.

If there isn't anything stated in the USCIS documents, it sounds like this is something that should be clarified.

ETA
 
ETA-GC said:
It sounds like it's being interpreted either way depending who you deal with.

Having to wait 90 days after the RFE response (if applicable) doesn't make any sense IMO. I thought the idea of an iEAD was to allow you to continue working if they can't get you your EAD within 90 days (as long as there is no pending RFE and the I-140 is approved / doesn't have a pending RFE). I would think that having to reset the clock if there's an RFE on the EAD would cause a lot of people to be unable to work.

If there isn't anything stated in the USCIS documents, it sounds like this is something that should be clarified.

ETA
Click to expand...

I totally agree! The clock should not reset with RFE. Basically RFE or no RFE, if they haven't decided on a case within 90 days of the application submission, they should issue interim EAD, that's how I see it.
 
The INA does allow the 90-day clock to be "reset" if your RFE is for "initial information". But unless you take an attorney to the local office, there is no reasoning with them. They didn't give me an iEAD even though I have never got an RFE. They say application is on "hold" for past 12 months. Bah..
 
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