I am currently in the last stage of getting my employment based Green Card (My I-485 has been filed for). I received an EAD valid for a year. I filed for an extension of the EAD some 120 days or so prior to its expiry. USCIS sent in a RFE (Request For Evidence) some 80 days after my filing. I sent in the requested evidence within 10 days of the RFE. When my current EAD expired, I went to the Detroit USCIS office to get an interim EAD. After waiting for over 3 hours, the USCIS rep. took less than 10 minutes to review all my documents and refused to issue me an interim EAD.
I am currently in the last stage of getting my employment based Green Card (My I-485 has been filed for). I received an EAD valid for a year. I filed for an extension of the EAD some 120 days or so prior to its expiry. USCIS sent in a RFE (Request For Evidence) some 80 days after my filing. I sent in the requested evidence within 10 days of the RFE. When my current EAD expired, I went to the Detroit USCIS office to get an interim EAD. After waiting for over 3 hours, the USCIS rep. took less than 10 minutes to review all my documents and refused to issue me an interim EAD. The reason given was that 90 days had not elapsed since the evidence for the RFE had been sent in. I explained to her that some 120 days had elapsed since the original date of filing, but she refused to entertain any arguments.
To make a long story a short one, we ended up clarifying the issue with a USCIS supervisor. He said that the clock starts when USCIS processing center receives the EAD Application. Then when the RFE goes out, the clock stops. If the evidence is sent in within some 15 days or so of the RFE issue date, then the clock starts back up - from the date that it had stopped when the RFE was sent. So, in other words, the clock does not reset and start again from when the evidence was received by the USCIS. So, taking this into consideration, I was able to get my interim EAD since more than 90 days had elapsed in the whole process.
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