Pimpbot

This morning whilst doing my online checks for the EAD and AOS, My AOS status changed to whats written below. Not sure yet what we have been RFE'd for, but will this also effect my EAD application with a possible delay?



Current Status:

On January 14, 2004, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283.

jeffreyhy

Pimp,

No. But it may affect your EAD. (If your I-485 gets tossed as a result.)

Regards, JEff

Pimpbot

Thanks. Cannot think what it could be right now. I'm hoping its just something stupid that we didnt fill in, or filled it incorrectly. I guess I'll find out in a few days.

Rete

Contrary to JEff's opinion, I believe it will delay your EAD. Your EAD application is dependent on your AOS petition. Without a properly filed and accepted AOS, you have no basis for an EAD. Therefore, my non-legal mind would say that they would hold on to your EAD application until the AOS floats.

Rete

jeffreyhy

Rete,

I'm figuring that an AOS application that gets an RFE is filed and accepted - it just isn't finished processing yet.

My impression is that in most places the EAD application will have been processed and approved before the AOS application is given to someone for processing.

Regards, JEff

Rete

It could be one or the other. Only way to know for the OP is to see what happens to his application for an EAD. And even then who can say that it was delayed or not with the way the timelines are today for EAD's is most district offices.

I still disagree on the acceptance part. If there is an RFE it hasn't been accepted for processing. It has been accepted by the USCIS mailroom and a check has been cashed but accepted for processing? Guess that depends on what the RFE is for and if the OP can supply the documentation/information requested.

Actually I thought that the package gets to the mailroom and is opened. From there it goes to the general acceptance area. The clerk looks over the material, logs in the checks, prints out the receipt and if not all the materials are there, sends out an RFE instead. Does the package then get shipped off to the various departments for processing? I don't have a clue. I know what my department would do if I were in charge but perhaps someone who has been inside the hallowed halls can tell us.

Rete

jeffreyhy

Rete,

My knowledge of what goes on inside the office is at about the same level as yours - a general idea but very fuzzy in the details.

I agree that if a clerk in the "general acceptance" area looks for things in the AOS application that result in an RFE, then an RFE so generated will likely affect the EAD application. I think, however, that it is more likely that at this stage whatever checking is done will result in the application being returned for the deficiency rather than an RFE. This would definitely affect the EAD application.

Once through this "general acceptance" area, my perception is that the different applications go off to different areas. It is also my perception that at this point it is 'in the system' that an I-485 has been filed, and further that at most offices the I-485 will sit on a shelf longer than the I-765 will. So any RFEs on the I-485 from here on would not affect the I-765.

This is all far more speculation than I'm comfortable with, so at this point I'll also agree with you that Pimp will just have to wait and find out what will happen in his case, and I'll further agree that he may never know.

Regards, JEff