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Can I request interim EAD with RFE?

Mountain View, CA |

Today on 91st day of filing for my L2 EAD renewal, I got an RFE alert asking for additional (not initial) evidence.
Can I still request for an interim EAD? Since it is beyond 90 days?

The email from USCIS says "This case will be in suspense until we receive the evidence or the opportunity to submit it expires"

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Attorney answers 5

Posted

Maybe yes, maybe no.

Quite often the RFE mentions that the I-765 processing is on hold .. did it say that?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

The email from USCIS says "This case will be in suspense until we receive the evidence or the opportunity to submit it expires"

F. J. Capriotti III

F. J. Capriotti III

Posted

You answered your own question ... NO you can't pressure them to issue an EAD ... the case is 'in suspense'. Talk to a lawyer ... or read the RFE closely and respond accordingly.

Asker

Posted

Thanks. I think I was confused by the below statements that I read on the internet, as I didn't get a request for initial evidence but instead received a request for additional evidence: Eligibility for an Interim EAD if an RFE Has Been Issued on the Pending Underlying Application? Current regulations indicate that only an RFE for initial evidence on the pending underlying application will suspend the applicant's interim benefits, including interim employment authorization.ii The suspension will remain in effect until USCIS receives the applicant's response to the RFE.

F. J. Capriotti III

F. J. Capriotti III

Posted

You're putting too much emphasis on the words initial/additional. The first request for additional evidence IS an initial request. Initial request = first request.

Asker

Posted

Got it. So does my 90 day counter start from zero or from the time the case was suspended?

Asker

Posted

By the way, the email from Uscis says: A request for evidence is made when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant's eligibility for the benefit sought

F. J. Capriotti III

F. J. Capriotti III

Posted

Good question, to which I'm uncertain of the answer. I'd say that it is OK to think of it as a timer that is turned on/off ... rather than being reset. I don't see the significance of the e-mail quote. Good luck ... and ... I encourage you to meet with a lawyer, clearly something wasn't done right ... otherwise you wouldn't have gotten the RFE.

Posted

Maybe

www.BulgarianImmigrationLawyer.com

John Lassen 1-877-252-4630

Posted

No.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

Could be answered after a complete review of your RFE in person as the very RFE issuance may interrupt EAD eligibility renewal.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Posted

Depends on what they are seeking.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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