What is my receipt date? (Read first...)

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Netbreaker

Registered Users (C)
Ok, I am a former F-1->OPT->H1B who married an US Citizen in early July. Filed my I-485/I-130/I-131/I-765 on early August.
8/6/06 - Receipt Date for all 4 forms (Notice Date 8/11/06)
(Here where it becomes tricky)
8/16/06 ASC Appointment notice for Fingerprints (Appt Date 9/06/06)
8/24/06 - RFE requested.
8/25/06 - NOA stating they are going to stop processing my case since my bank stopped payment in all 4 checks (Bank error: :mad: They even refunded me the $30 per check USCIS fee). I paid all four charges (including fees) immediately by phone.
9/1/06 - NOA stating they have received payment and resumed processing. (I don't know why it took so long.) NOA also states "Your filing date has been adjusted to reflect the receipt of payment". (Not sure what this means). NOA also shows a modified Receipt Date of August 11, 2006.
9/06/06 - Biometrics Appointment.
9/07/06 - LUD after Biometrics.
9/14/06 - LUD RFE information received. Online message for I-485 states: "However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message."
9/21/06 - Appointment for Interview for 11/09/06. NOA shows priority date and Received date of 8/30/06 for form I-485. November 9th, also happens to be the 90th day for EAD and AP from the adjusted date of NOA recvd on 9/11 AND my H1B expiration date.
10/20/06 - LUDs for both I-485 and I-130. (No new message)

I guess the question that I have is, what is my new Receipt date? When should I start counting in order to calculate when will my EAD & AP documents arrive? What are your thoughts? I am concerned that I don't even know when will the 91st day will be to request an interim EAD if needed...
Thanks for your help
 
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Netbreaker said:
Ok, I am a former F-1->OPT->H1B who married an US Citizen in early July. Filed my I-485/I-130/I-131/I-765 on early August.
8/6/06 - Receipt Date for all 4 forms (Notice Date 8/11/06)
(Here where it becomes tricky)
8/16/06 ASC Appointment notice for Fingerprints (Appt Date 9/06/06)
8/24/06 - RFE requested.
8/25/06 - NOA stating they are going to stop processing my case since my bank stopped payment in all 4 checks (Bank error: :mad: They even refunded me the $30 per check USCIS fee). I paid all four charges (including fees) immediately by phone.
9/1/06 - NOA stating they have received payment and resumed processing. (I don't know why it took so long.) NOA also states "Your filing date has been adjusted to reflect the receipt of payment". (Not sure what this means). NOA also shows a modified Receipt Date of August 11, 2006.
9/06/06 - Biometrics Appointment.
9/07/06 - LUD after Biometrics.
9/14/06 - LUD RFE information received.
9/21/06 - Appointment for Interview for 11/09/06. NOA shows priority date and Received date of 8/30/06 for form I-485. November 9th, also happens to be the 90th day for EAD and AP from the adjusted date of NOA recvd on 9/11 AND my H1B expiration date.
10/20/06 - LUDs for both I-485 and I-130. (No new message)

I guess the question that I have is, what is my new Receipt date? When should I start counting in order to calculate when will my EAD & AP documents arrive? What are your thoughts? I am concerned that I don't even know when will the 91st day will be to request an interim EAD...
Thanks for your help
Click to expand...

Since you have RFE, the earliest you can get EAD will be 12/14. Look at my timeline, I tried to get iEAD, first they said they dont do that anymore, then a few days later I got a letter stating that since 90 days after RFE received is past the interview date, everything will be decided on the interview day. If you get lucky, then u will still be getting EAD on the mail around 2-3 months from ND. But I wasn't one of them.
 
If you are with the same employer (through whom you got the H-1B), consult their immigration attorney to see what your options are.

My 2 cents based on personal experience and what I have read from others:

I have read that as long as you have the EAD notice, some employers accept that as proof of work authorization.

If you can prove significant hardship, you can request that your EAD application be expedited.

If you have been on an H-1B for 3 years, your other option is to apply to renew the H-1B. As long as the appication is received before the expiration date, you can continue working.

(As a side note, I believe that local offices no longer give you the interim EAD on the 91st day. I think that changed in October.)
 
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The RFE was for form 1-485 only. Anybody has any ideas of what is the policy regarding this? ANybody has a similar experience?
 
Info Pass to clarify the Situation

I had an InfoPass appointment to ask 3 questions:

1. Based on my situation, what is my Received date? When should I start counting the 90 days?
INS Official: September 1st, day of receipt of the payment. :(

2. Do you issue interim EAD's anymore? (Houston DO)
INS Official : No, we don't.

3. I have my interview next week, has my name check been completed?
INS Official: You have your interview scheduled already? Wow that was fast. I am guessing that your name has been already cleared if the interview was scheduled so fast...Yep your name has been cleared :o

Just wanted to keep you guys updated.
 
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