URGENT - I485 RFE: EAD, AP processing ?

A

arjun96

Registered Users (C)
I had gone to the local INS Office last week to get my INTERIM EAD and AP, which I got. But the officer at the counter told me that there is something missing in my pending 485 and that the INS had mailed a letter regarding that in Jan 2004, which we never received.

In the last 2 years I have never received any documentary proof of my 485, except a small yellow receipt from the local INS office. I 2002 I had changed my address and had mailed the AR-11 form to all the relevant INS Offices.

Q1:- If there a possible RFE on 485: Will I still get approval for INTERIM EAD & AP ?

Q2:- If the 485 is DENIED/REJECTED: (Since RFE's must be responded within 12 weeks, but we never received anything) Will I still get approval for EAD & AP ?

Q3:- Can I still go out of USA on AP and come back ? OR I should wait for INS to re-send that letter again to my correct address (as last week I called the INS to advice them of my correct address) ?

Please advice.

Thanks,
Arjun
 
Did the office tell you that what is missing in the file ? You should consult a good immigration lawyer and see if he/she can dig into your I485 file and find out all the details from CIS. After knowing that something is amiss with my file, I called VSC and talked to IIO and made sure that everything is OK.
 
Hi needhelp1,

Actually that was an Advance Parole Officer, who told us that something is missing in u'r 485. He was not too specific. But he said one thing "I am going to issue u an AP anyways!"

And asked us to inquire from the inquiry window for more details. But the person at the inquiry window was not too much of help, as he told us that my case has been moved to the Missouri Office and u have to write a letter to them!.

My QUESTION is: If there is a possibility of a RFE or DENIAL/REJECTION on 485: Would I still have got INTERIM EAD & AP ?
AND
Can I still go out of USA and come back on my recently approved AP ?

Response appreciated.
Arjun
 
arjun,
I was in the same boat as you a year ago...I filed concurrent 140/485. I got an RFE on I-140. In the meanwhile the 90 days for my EAD filing expired...i went to the local INS office and they refused to give me interim EAD or AP as there was an pending RFE on my case.
 
>I was in the same boat as you a year ago...I filed concurrent 140/485. I got an RFE
>on I-140. In the meanwhile the 90 days for my EAD filing expired...i went to the local
>INS office and they refused to give me interim EAD or AP as there was an pending
>RFE on my case.

So, this means that the fact that I got the interim EAD and AP last week, there is no RFE and DENIAL/REJECTION on my pending I-485 (inspite the officer telling me that some letter or RFE was mailed to you in Jan 2004). My I-130 recently got approved a couple of months ago.

Any comments appreciated.

-Arjun
 
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