EAD & AP RFE - Need Help


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I have applied for EAD & AP renewal for me and my wife in Dec 2012 to NSC. I have received RFE today, shown below, this is the same thing attached to each of our EAD and AP RFE letters. I have few questions below, I really appreciate if anyone have an experience in responding an RFE can provide some input on this one.

  • We are in United States since we applied this and I can answer all the questions for Issue 1 below and but I am not sure what I should provide as proof for "You must establish that you were present in the United States on the date you filed this application.". Please advise what documents should I include for this?
  • I think Issue 2 is just for my information purpose, so I don't think I have to respond to this. Just wanted to clarify
  • For question 5, do you suggest entering any specific date for "Date of intended departure"?



1. Are you presently in the United States?

Yes ___ No___

2. If not presently in the United States, on what date did you depart the United States?

Actual date of departure _________________

3. Have you departed the United States, and returned to the United States, since the filing of this application?

Yes ___ No___

4. If you are not presently in the United States OR have departed and returned to the United States since filing this application, you must submit evidence to establish the date you departed the United States as a copy of your transportation ticket, flight itinerary, passport stamps, etc.

You must establish that you were present in the United States on the date you filed this application.

5. If you have not yet departed the United States, on what date do you intend to depart the United States?

Date of intended departure ____________________

Issue 2:

Title 8, Code of Federal Regulations, Section 274a.13(d) mandates that USCIS adjudicate a pending Application for Employment Authorization (Form I-765) within 90 days from the date of receipt.

This 90-day time period started started with the initial receipt of your application. Because additional evidence is required, the 90-day period for processing your application has been temporarily stopped. The 90-day period will resume after the Service receives the requested evidence.

Please take this in the processing of your application into account prior to contacting the Service regarding the status of your application


I really appreciate your time in this regard

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