Urgent EAD Question

[MrMystery]

Hello,

I am a Canadian working in USA on a TNVisa that expires Oct 2nd. I married a US Citizen in March, and filed my I-130, I-485 and I-765 on July 10, and received receipt numbers for all the forms.

Over the weekend, I recieved a Request for Initial Evidence (I-485) letter from USCIS saying I need to submit a I-693 + supplemental form for a medical exam and documentation of immunization.

The part that has me very worried is the letter states : "You are ineligible for interm employment authorization pursuant to Title 8, Code of federal regulations, section 103.2(b)(10)(ii) until 90 days after the missing initil evidence is received"

The letter is for my I-485, so I am not sure how it effects my I-765. Does that mean that my EAD will not be approved until 90 days after my medical exam results?? Or is it just my ability to request an interm EAD that is effected? I was waiting eagerly for my EAD approval to arrive inthe mail any day now!! If my EAD is on hold because of the additional medical information needed... That is very bad for me because my existing TN Visa runs out Oct 2 (36 days away... and counting!)

I have not received any documentation on the status of my EAD, and if I check the receipt number online, it is not recognized!

I did not include these medical forms with my I-485... was I supposed to??

Not being able to work for 2+ months will have a dramatic impact on my life... hopefully my job will still be there afterwards! Will I need to leave the US when my TN runs out then?? Aaaaargh!

Thanks in advance for any advice!

 

[MrMystery]

Update!

So, I have found out a few things.

1) I will not have to leave the US since my I-485 is pending. That is good news.

2) I called the USCIS help phone number to ask about the status of my I-765 (EAD). They said that my I-485 being put on hold due to the request for medical information (I-693 + supplement) DOES delay the processing of my I-765. That is really distressing, and is very unexpected. Nowhere did I read that a delay in my I-485 processing would effect my I-765 processing.

However, my I-765 was not yet "on hold", it was still waiting to be processed... so if I can get my medical information (I-693) back to them before my I-765 was processed, the I-765 might avoid also being put "on hold". In that case, I might get my EAD before 90 days goes by (October 8). I turned my I-693 + supplement around and sent the information off in 4 days!

If my I-765 does get put "on hold" because of the request for medical information, it will be looked at again in 30 days (or so depending on how busy they are... oh boy) after which time my I-485 should not hold up approval of my EAD. In that case, it is possible my EAD could be approved sometime between mid October to late Novemeber, depending on when the I-765 and I-693 gets processed.

And finally, as a worst case, I can apply for an interm EAD 90days after my medical information was received (November 30th) as long as for some reason something else doesn't hold up my I-485 (which would be catastrophic).

I am thinking about talking to a laywer to see if they would have any ideas about other options to ensure I don't miss work. I am also thinking about making an infopass appointment next week, as by then I should know if my I-693 has been received, and if my I-765 got put on hold.

If anyone has any comments or similar experiences, I would be grateful to hear about them.

Thanks,