URGENT: RFE and the 90 day rule

D

dinnu

Registered Users (C)
A friend of mine tried to get iEAD and the local INS told him to come back after 90 days from the "RFE Received date".

I remember reading some where that the 90 day clock is NOT reset after an RFE is issued. It just stops and will start ticking again once the RFE is received.

For example, say INS issues an RFE on the 85th day. I get the RFE in two weeks and respond to it. 5 days after they receive the response I should be able to go to the local INS and and get an interim EAD.

Can some one point me to the discussion on this. I remember reading about this some where ....

It will be of great help guys as my friend is in a real bad shape right now.
 
Hi I am not being rude but why cannot a friend ask this question I donot know why people try to make stories in this wonderful discuss borad:D
 
does your friend have internet

if he is in bad shape ask him to join the board. we need more people on this effort..maybe he can sign the petition too: :confused:
 

If you can't help just shut up and mind your business... and why would any one want to make up stories? If you can not empathize, atleast don't pass sarcastic comments.

He is currently shuttling between jacksonville, tallahassee and cincinatti and i thought i would help him by posting a question for him.

What difference does it make, if he asks the question or i ask the question?

This is a great board guys and please don't screw it up with your attitudes and don't make it hard for people to ask questions.
 
Dinnu,

You are right about the 90 day rule. But unfortunately, the employees at the local offices don't always interpret the law in totality.

What your friend needs to do is to get a prinout of the rule and take it along to the INS office. Another solution would be to have him get his attorney involved, who can explain the rule to those dumb officials.

kidsdoc, it really does not matter if someone asks a question on behalf of a friend. A question is a question, which needs to be answered if you know the answer.
 
Please let me know where can I find the law which states how to Issue the EADs(after RFE is issued).

For me RFE is issued and it will not be 90 days between my RFE date and current EAD expiration date.

Thanks.
tscnd
 
I am sorry tscnd, but as far as I know local INSs are not issuing iEAD when an RFE is issued. My friend was asked to wait for 90 days from the date a response to RFE is received by BCIS. He tried in two different cities, Jacksonville and Cincinatti (he had permanent address in Tallahassee, but his wife was working in Cincinatti)

If I were you I would reply to the RFE immediately and contact a Senator to expedite the process.
 
Thanks dinnu,
My response was received on Aug28th. So 90 days will be on Nov28th. But my current EAD is going to expire on Nov16th.
I hope they issue me an IEAD.
tscnd
 
It's only couple of weeks. You can probaly take that vacation that has been pending for so long.

Did you contact your local Senator? You would be surprised to know how helpful they are in situations like these. Try to find a Democrat Congressman or Senator and contact him/her immediately.
 
Hi dinnu,
your words are giving me some hope. I will try contacting the local senator. Actually I am ready to take vacation but I donot have the AP to go out of the country. It is pending for more than 5 months.
Thanks
tscnd
 
Hi Dinnu

I got My IEAD from tampa on june 25th after an RFE on issued on june 6th, and as far as I remember I read about Miami regional office also issueing IEADs irrespective of RFE on this forum in some of the june/ july posts.
 
dont worry

Hi dinnu
Dont worry, some pesimistic people are always like that. They always fuss on others for their own satisfaction. There are some more people like advait in Texasimmigration.com. They all like that. What the heck whether the issue is about your friend's or yours or some dogs. After all this is just a discussion board and we are all sharing our opinions so that helping each others. So dont get dissapointed and become mad on those people. Cheer up.
 
Thanks for the support TSCPAIN :)

So looks like, as with everything else with this incompetent organization the issuance of iEAD is very random.

I guess the best thing to do is to try to get it at your local INS office. If they refuse, then you can think about other alternatives.
 
You must log in or register to reply here.
Top