Richardowen

Hi,

I'm on a K3 with EAD and been working for past 6 months. AOS was sent in and I got a nice pink reply requesting more info. This is ok and we're sending in this info but it also says that:

"You are ineligible for interim employment authorization pursuant to Title 8, code of Federal Regulations, Section 103.2(b)(10)(ii) until 90 days after the missing initial evidence is recieved."

But like I said I already have EAD !

My question is "Am I ok to just presume this is a standard letter and that my EAD is still valid?"

Secondly, my reference is MSC but under the processing times for MSC the I-485 is not mentioned - anyone know why ?

Thanks
R./

Noorah101

What specifically was the RFE for? If it's for something related to the I-485, then you evidently don't have a correctly filed I-485, which would make you ineligible for the EAD, until the I-485 is correctly filed (and updated with the RFE).

However, if you continue working, your work will be forgiven by USCIS. Your employer could be at risk of paying fines, though, if you are not eligible to work.

Rene

Noorah101

You need to look at your local district office processing times to see what the backlog is on I-485's. Not MSC.

Rene

Noorah101

Sorry, I just realized you said you're on a K-3. I think K-3's are eligible to receive the EAD even without an I-485 in the system, so disregard what I said. However, please do share what the RFE was for...maybe it will shed some light on it.

Rene

Richardowen

It was for additional salary info for my sponsor.

You don't need to have applied field I-485 to get EAD ! I didn't have to prove anything regarding a I-485 application to get EAD though so why is this relevant ?

Richardowen

That's a relief - you had me worried there !

Rete

Two separate EAD issues here.

The letter was referred to obtaining an EAD due to pending AOS and the EAD you are currently work with is one obtained through the K-3. The K-3 EAD remains valid.