RFE on EAD and Advance Parole in I-485 stage/Cross Chargeability

[lbalan]

My GC is in EB2 category - employment based and I-140 is already approved 2 months back. 

My attorney told me that I and my wife are qualified in Cross-Changeability rule (wife was born in Brunei and myself in India) and we are current to apply I-485. We did apply I-485 together along with my wife's I-131. We got our bio-metrics also done successfully last week.

When I checked the status of the application online, It shows all my applications I-131, I-765 and my wife's I-131 are put under RFE. But, I-485 application status is still under Acceptance state.

 

I am wondering If anyone gotten similar situation of RFE for EAD and Advance Parole.

 

1. What could cause such situation to put EAD and Advance parole applications to go in to RFE status?

2. will my I-485 application be processed separately irrespective of I-131 and I-765 RFEs? or will my I-485 be put on hold until I respond to RFEs of I-131 and I-765?

3. How long would my RFE process take to re-process once responded?

 

 

Please help.

[Attorney_15]

USCIS can and sometimes does issue RFEs on I-765 and I-131 applications depending on the applicant and what is submitted with them. As add-on benefits, USCIS can generally process an I-485 while those are pending the return of a response to an RFE.

[lbalan]

USCIS can and sometimes does issue RFEs on I-765 and I-131 applications depending on the applicant and what is submitted with them. As add-on benefits, USCIS can generally process an I-485 while those are pending the return of a response to an RFE.

 

Thanks for your reply. It convinces me that my I-485 will still be in process.

Hopefully I get my RFE details by next week and see what would possibly be the reason from USCIS.

[lbalan]

I got the RFE details for my case.

 

The CIS issued an RFE for my I-131 and I-765 cases, but not my I-485. Similar to my wife''s case, they issued an RFE for her I-131 case, but not her I-485. They are requesting a copy of photo identification, such as a copy of your passport, even though I already submitted a copy of the passport with your original filing.

My attorney suspects that the reason for this RFE is so that they have an excuse to delay my cases, as a 90 day processing time is required for my I-131 and I-765 cases, which is why those received an RFE (despite the fact that the requested documentation was already submitted) and not your I-485.

 

 

I am wondering if anyone has recently got similar RFEs?? Why would USCIS do such things? 

 

 

Thanks.

[tarunksh]

Hello Ibalan,

 

We are also in the same boat. We went for FP on 10.23.2013 and on 10.24.2013 we got the RFE for all three members of family for I-131 and I-765.Waiting for RFE details from attorney's office.

Did you get the details in USPS mail or thru attorney's office? How many days it took for you to get the RFE details. My case is in Nebraska center. Are you also at Nebraska?

 

-Thanks and good luck.

[lbalan]

Hello Ibalan,

 

We are also in the same boat. We went for FP on 10.23.2013 and on 10.24.2013 we got the RFE for all three members of family for I-131 and I-765.Waiting for RFE details from attorney's office.

Did you get the details in USPS mail or thru attorney's office? How many days it took for you to get the RFE details. My case is in Nebraska center. Are you also at Nebraska?

 

-Thanks and good luck.

 

 

Hi Dreamer,

Yes, My case is also in Nebraska center.

My EAD and Advance Parole got RFE for "Photo Identification", even though we submitted the passport copy. My attorney told me that USCIS is trying to delay and buying in more time as they have to process EAD within 90 days duration, if not put on RFE. Fortunately, We responded the RFE in couple of days and got the approval 2 days from submission :)  My EAD card is expected to be delivered today by US Postal Service.

 

As an additional note, our I-485's are APPROVED the next day of EAD approval. that's total of only 2 months from submission date. Expecting the GC card to be shipped very soon; hopefully this week. I am sooooo happy. Hopefully, this would happen for you as well. good luck.

 

Thanks.

[lbalan]

Dreamer,

 

By the way, if you have used Attorney for filling your case, Only your attorney will receive the RFE details. He/She will inform you when received.

It took 5 days to receive the RFE documents from USCIS from the day my case was marked for RFE status.

 

Thanks.