suumm Posted May 10, 2011 Report Share Posted May 10, 2011 Hi, I have filed my case under cross chargeability. I am primary from India and my spouse Nepal filed under EB2 which is current. I have received a RFE on Feb22nd asking for my A-number. We have answered the RFE on March4th. It has been more than 60days that the RFE is sent and the Status still says Request for evidence received. I have called the customer care and informed that I havent received any update as its more than 60days. The customer service executive had said that as its more than 90days that I have applied for my I-765 he had raised a service request for Interim EAD. He said it might take 30days to get the card and in mean while the officer might call me if they need any information. My spouse did not have any questions, her EAD was approved 2months ago. My I-140 is also approved. Can someone let me know what will be the next process. As I have raised a service ticket will that affect my current processing of my EAD. How long will they take to give a decision. Link to comment
Attorney_19 Posted May 12, 2011 Report Share Posted May 12, 2011 Typically, when an RFE is issued, it stops the 90 day clock on the EAD processing. The 90 day clock starts again from the beginning (i.e. start at Day 1) from the time the RFE response is received at USCIS. Therefore, it may take up to 3 months from the time USCIS received the RFE response to actually issue the EAD. (If one is lucky, the processing could be shorter.) Link to comment
Attorney_19 Posted May 12, 2011 Report Share Posted May 12, 2011 Please note that at the time of this posting, USCIS processing of employment-based I-485 applications with a current priority date is 6 months or less. Therefore, even if the EAD is delayed for an extra 3 months, one may receive the actual green card before the EAD is approved. Link to comment
suumm Posted May 12, 2011 Author Report Share Posted May 12, 2011 Hi, Thank you very much for the reply. Yes, it is more than 60days that the RFE is answered and status is in Request for Evidence received. So if everything is fine then there is a possibility of receiving green card within six months as the priority dates are current?? Link to comment
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