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Employment Authorizations (EAD) and Advance Parole Please visit our FAQ to see if your question has been already answered there: http://immigration.com/faq/advanceparole.html

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  #1  
Old 26th September 2008, 01:03 PM
gcnotbad gcnotbad is offline
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Join Date: Jul 2007
Posts: 45
EAD Renewal - Denied

Hi,

I just got an email nofitication from CRS that my wife's EAD renewal got denied. Reasons yet to see. Gurus, pls share your experience.

She got her first EAD when we applied for 485 last July and she is working using the current EAD which will expire Oct'4 2008. I assume that she must discontinue her job on or before Oct'4 2008.
Question is how shoud we document that ?
__________________
---
2nd EAD (Wife's) Approved - Oct'30 2008
2nd EAD Approved - Oct'21 2008
2nd EAD (Wife's) Denied (USCIS Mistake) - Oct'02 2008
2nd AP Approved - Aug'30 2008
2nd EAD /AP Appiled - Aug'13 2008
I-140 Approved - May 05 2008
I-140 RFE Responded - Jan'15 2008
I-140 RFE Received - Dec'18 2007
AP Received - Dec'06 2007
FP Done - Oct'30 2007
EAD Recieved - Oct'12 2007
485/EAD/AP Receipt date - Sep 19 2007
I-140 Applied - May 25 2007
LC Approved ( PERM - India EB3 ) - July 2006
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  #2  
Old 28th September 2008, 01:00 PM
mmed mmed is offline
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Join Date: Mar 2007
Posts: 1,775
Quote:
Originally Posted by gcnotbad View Post
Hi,

I just got an email nofitication from CRS that my wife's EAD renewal got denied. Reasons yet to see. Gurus, pls share your experience.

She got her first EAD when we applied for 485 last July and she is working using the current EAD which will expire Oct'4 2008. I assume that she must discontinue her job on or before Oct'4 2008.
Question is how shoud we document that ?
Document what? you need valid EAD to continue work or oherwise she should quite working. You have to wait to see the reason of denial to act accordingly. some of the reasons (incorrect fees, non signed form, denied or approved I-485, fraud, .......)
__________________
J1 8/02-04/07
EAD 4/07-10/07
J waiver
6/6/06 NOS rec'd
11/14/06 fav. recom.
AD 4/6/07 (303 days)
GC
I-140 (EB2 NIW): RD: 8/24/06 AD:1/10/07
I-485 RD 1/16/07, AD: 10/29/07

Wife and kids
I-485: RD 2/20/07
AD 11/14

------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.
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  #3  
Old 2nd October 2008, 02:11 PM
gcnotbad gcnotbad is offline
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Join Date: Jul 2007
Posts: 45
Okay, got the notice today and below is the reason for denial. But it is a mistake of USCIS that they looked at the wrong A#. Guys, please advice how to proceed.

==========

A review of your service file and USCIS records indicates that you were granted Lawful Permanent Resident status on July 22,2008. Therefore , you are not eligible to apply for emploment authorization, and Form I-765 must be denied.
__________________
---
2nd EAD (Wife's) Approved - Oct'30 2008
2nd EAD Approved - Oct'21 2008
2nd EAD (Wife's) Denied (USCIS Mistake) - Oct'02 2008
2nd AP Approved - Aug'30 2008
2nd EAD /AP Appiled - Aug'13 2008
I-140 Approved - May 05 2008
I-140 RFE Responded - Jan'15 2008
I-140 RFE Received - Dec'18 2007
AP Received - Dec'06 2007
FP Done - Oct'30 2007
EAD Recieved - Oct'12 2007
485/EAD/AP Receipt date - Sep 19 2007
I-140 Applied - May 25 2007
LC Approved ( PERM - India EB3 ) - July 2006
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  #4  
Old 2nd October 2008, 02:28 PM
adityg adityg is offline
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Posts: 14
Quote:
Originally Posted by gcnotbad View Post
Okay, got the notice today and below is the reason for denial. But it is a mistake of USCIS that they looked at the wrong A#. Guys, please advice how to proceed.

==========

A review of your service file and USCIS records indicates that you were granted Lawful Permanent Resident status on July 22,2008. Therefore , you are not eligible to apply for emploment authorization, and Form I-765 must be denied.
Hey, this looks like a good news to me. Looks like you have already been granted the green card by USCIS. Did you check your status online? You can present this document to your wife's employer and she can continue to work based on this. I am not an expert here, but this is whatever I have gathered till now. I believe if they have issued the GC in July, you'll be receiving the GC in your mail anytime soon. Good luck!

(PS: My EAD expires on 10/11, and I am in the same shoes. I would have to quit working if I don't receive the EAD renewal by then).
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  #5  
Old 2nd October 2008, 02:30 PM
adityg adityg is offline
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Posts: 14
Have they mentioned the A# in the denial document? Even if it is the case of wrong A#, you can get that verified by going in to the local service center and hopefully they will try to work with you ASAP.
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  #6  
Old 2nd October 2008, 02:36 PM
gcnotbad gcnotbad is offline
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Posts: 45
Adityg,

I wish they were right. but not....

I did check the online status and 485 is still pending.We don't even close to priority date to be approved. so it's clerely a big mistake.

Yes they did mention wrong A# in the denial notice. I guess we can call them and re-open the application.
__________________
---
2nd EAD (Wife's) Approved - Oct'30 2008
2nd EAD Approved - Oct'21 2008
2nd EAD (Wife's) Denied (USCIS Mistake) - Oct'02 2008
2nd AP Approved - Aug'30 2008
2nd EAD /AP Appiled - Aug'13 2008
I-140 Approved - May 05 2008
I-140 RFE Responded - Jan'15 2008
I-140 RFE Received - Dec'18 2007
AP Received - Dec'06 2007
FP Done - Oct'30 2007
EAD Recieved - Oct'12 2007
485/EAD/AP Receipt date - Sep 19 2007
I-140 Applied - May 25 2007
LC Approved ( PERM - India EB3 ) - July 2006
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  #7  
Old 2nd October 2008, 02:54 PM
adityg adityg is offline
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Posts: 14
That is utterly very sad. I know this is not a very pleasant situation to be in, and you can explain the consequences

As a further plan of action, you can put a service request by calling the customer service. Check your local office information through this Web site:

https://egov.uscis.gov/crisgwi/go?action=offices
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  #8  
Old 3rd October 2008, 11:51 AM
nervewreck nervewreck is offline
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Location: Austin, TX
Posts: 344
Quote:
Originally Posted by gcnotbad View Post
Adityg,

I wish they were right. but not....

I did check the online status and 485 is still pending.We don't even close to priority date to be approved. so it's clerely a big mistake.

Yes they did mention wrong A# in the denial notice. I guess we can call them and re-open the application.
gcnotbad,

I suggest to try to get a Infopass appointment going and explain to the officer the reason. Clearly missmatch in A# can cause this scenario.
__________________
__________
Nervewreck
Company A:
EB3/RIR/NJ
LC: PD:08/23/2002 45D: 11/2005 AD: 04/18/2006
H1 7yr Ext:10/2005
140:FD:06/28/06 RD:07/10/06 PP:11/30/06 AD:12/04/06
Moved on to Company B:
H1 valid until: 12/2009
LC: AD:02/2008
140:RD:03/2008
485/EAD/AP Status:
Company A: Agreed to process for future emp
485:RD:07/02/07,ND:09/08/07, latest LUD:04/07/08
FP: 10/05/07
EAD:AD: 10/01/07 Cards rcvd: 10/05/07
AP:AD:11/07
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  #9  
Old 3rd October 2008, 01:13 PM
gcnotbad gcnotbad is offline
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Join Date: Jul 2007
Posts: 45
My wife called USCIS yesterday and spoke to immigration Officer (that what that person claimed) and was informed that they will re-open the case. Today my wife called them again to make sure they really did open the case, guess what there was no record of my wife's yesterday call. Today she was told again case will be re-opened and should wait 30-45 days before hear anything. The current EAD is expiring tomorrow and she has resigned her job.

Now about the INFOPASS, I guess we need to wait 90 days before get a pass under any situation. We applied the EAD on Aug 13 and I think we need to wait until Oct'13.

Given the current economy situation, not easy to get the job again and still we need to eat, pay bills etc...Clearly they don't really understand (or care) how much we would suffer the mistake they did. God help us.....
__________________
---
2nd EAD (Wife's) Approved - Oct'30 2008
2nd EAD Approved - Oct'21 2008
2nd EAD (Wife's) Denied (USCIS Mistake) - Oct'02 2008
2nd AP Approved - Aug'30 2008
2nd EAD /AP Appiled - Aug'13 2008
I-140 Approved - May 05 2008
I-140 RFE Responded - Jan'15 2008
I-140 RFE Received - Dec'18 2007
AP Received - Dec'06 2007
FP Done - Oct'30 2007
EAD Recieved - Oct'12 2007
485/EAD/AP Receipt date - Sep 19 2007
I-140 Applied - May 25 2007
LC Approved ( PERM - India EB3 ) - July 2006
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  #10  
Old 3rd October 2008, 02:04 PM
adityg adityg is offline
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Join Date: Oct 2008
Posts: 14
Quote:
Originally Posted by gcnotbad View Post
My wife called USCIS yesterday and spoke to immigration Officer (that what that person claimed) and was informed that they will re-open the case. Today my wife called them again to make sure they really did open the case, guess what there was no record of my wife's yesterday call. Today she was told again case will be re-opened and should wait 30-45 days before hear anything. The current EAD is expiring tomorrow and she has resigned her job.

Now about the INFOPASS, I guess we need to wait 90 days before get a pass under any situation. We applied the EAD on Aug 13 and I think we need to wait until Oct'13.

Given the current economy situation, not easy to get the job again and still we need to eat, pay bills etc...Clearly they don't really understand (or care) how much we would suffer the mistake they did. God help us.....
I am so sorry to hear about your wife's job. I wish the employer atleast gets supportive in such case? Couldn't she take some time off from work while you are waiting for the renewal? I am planning to do the same starting next week once my EAD expires.
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  #11  
Old 4th October 2008, 01:49 PM
nervewreck nervewreck is offline
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Join Date: Apr 2003
Location: Austin, TX
Posts: 344
gcnotbad :

Thats just not freaking right ! As usual, someone or the other always pays for USCIS mistakes. Ofcourse they would not care. They will take their own sweet time, while life changing events cruise by for us.

Sorry to hear your wife is in the situation where she is. Sometimes, its tough to look at her say "Its nothing we did not do, or its nothing that I missed, its truly their mistake". But there is not much you can do.

Although most of the forum members and many others are saying Interim EAD is not available, there are some postings here and there where people are calling USCIS and they are asking to talk to IO and get a Interim EAD.

Worth a shot maybe.

Good luck and keep us posted.
__________________
__________
Nervewreck
Company A:
EB3/RIR/NJ
LC: PD:08/23/2002 45D: 11/2005 AD: 04/18/2006
H1 7yr Ext:10/2005
140:FD:06/28/06 RD:07/10/06 PP:11/30/06 AD:12/04/06
Moved on to Company B:
H1 valid until: 12/2009
LC: AD:02/2008
140:RD:03/2008
485/EAD/AP Status:
Company A: Agreed to process for future emp
485:RD:07/02/07,ND:09/08/07, latest LUD:04/07/08
FP: 10/05/07
EAD:AD: 10/01/07 Cards rcvd: 10/05/07
AP:AD:11/07
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  #12  
Old 6th October 2008, 01:43 PM
gcnotbad gcnotbad is offline
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Join Date: Jul 2007
Posts: 45
Nervewreck & Adityg,
Thank you for your support and concern. After couple of calls to USCIS last week, I "think" they re-opened the case. We are going to wait by end of this week to see any LUD, if there isn't any change we will proceed with INFOPASS.

I will keep you all updated. Thanks again,
__________________
---
2nd EAD (Wife's) Approved - Oct'30 2008
2nd EAD Approved - Oct'21 2008
2nd EAD (Wife's) Denied (USCIS Mistake) - Oct'02 2008
2nd AP Approved - Aug'30 2008
2nd EAD /AP Appiled - Aug'13 2008
I-140 Approved - May 05 2008
I-140 RFE Responded - Jan'15 2008
I-140 RFE Received - Dec'18 2007
AP Received - Dec'06 2007
FP Done - Oct'30 2007
EAD Recieved - Oct'12 2007
485/EAD/AP Receipt date - Sep 19 2007
I-140 Applied - May 25 2007
LC Approved ( PERM - India EB3 ) - July 2006

Last edited by gcnotbad; 6th October 2008 at 01:46 PM. Reason: unfinished sentence
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  #13  
Old 6th November 2008, 06:30 PM
gcnotbad gcnotbad is offline
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Join Date: Jul 2007
Posts: 45
Hi All,
My wife had received the renewed EAD card yesterday.Apparently it was their mistake so they re-opened the case and proceesed it.
__________________
---
2nd EAD (Wife's) Approved - Oct'30 2008
2nd EAD Approved - Oct'21 2008
2nd EAD (Wife's) Denied (USCIS Mistake) - Oct'02 2008
2nd AP Approved - Aug'30 2008
2nd EAD /AP Appiled - Aug'13 2008
I-140 Approved - May 05 2008
I-140 RFE Responded - Jan'15 2008
I-140 RFE Received - Dec'18 2007
AP Received - Dec'06 2007
FP Done - Oct'30 2007
EAD Recieved - Oct'12 2007
485/EAD/AP Receipt date - Sep 19 2007
I-140 Applied - May 25 2007
LC Approved ( PERM - India EB3 ) - July 2006
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