EAD Denied after AC-21 --Please advise

A

airberd

Registered Users (C)
Hello Everyone,
In the long and complicated saga of getting the green card, I have run into a new issue.

I used AC-21 to change jobs more than a year after I140 was approved and more than 18 months after I-485 was filed. I started work in Aug, 06. We sent AC-21 letter to USCIS in late september. I got an RFE on my I-485 in Oct asking for Employment History. I replied within the time frame.

In the meantime, my original employer withdrew the I-140. The withdrawal date on website is Dec 21st. Also, I had filed EAD renewal on Oct 15th(receipt date).

I guess they finally picked up my EAD renewal application around Dec21st, saw the I-140 had been withdrawn, and for some reason considered the I-485 to be NOT pending anymore and promptly denied my EAD. This denial letter was sent out on Dec 29th.

I had set up an infopass appt and they confirmed that the denial seemed to be an error and asked me to send a letter to the service center adjudicating my case to approve the EAD

Now my questions are:
1. How worried should I be with this EAD denial? My current EAD expires In late Mar.
2. Do I have to file a motion to Reconsider, along with a filing fee etc or will a simple letter be sufficient?
3. Should I reapply for another EAD while this motion is being filed?
4. Does anyone have any samples for Motion to Reconsider letters?
5. What is the filing fee for Motion to Reconsider? who should the check be made out to?

As i understand, the Motion to Reconsider is different from a Motion To Appeal, which automatically goes to the AAO. And I have been searching the USCIS website, and there is not Form there for a Motion to Reconsider, only one for Motion to Appeal, which I do not want to do.


Please help with any advise. Thanks
 
Hi NiceGuy2006, I have contacted an attorney. He basically suggested sending a letter specifying why I think the denial is in error. But From what I have been reading in the forums and on the USCIS website related to EAD denials, they seem to expect a Motion to Reconsider along with the associated fee etc.

Since I was not agreeing with the lawyers opinion, I thought I would try to find out on the forum if the Motion To Reconsider is the right way to go and if it is, then is there a form to be filled out.

Thanks for your help though,
 
Also, Is getting an interim EAD still a possibilty considering that this appears to be a USCIS error?
 
I would make an InfoPass appointment and request that the Service move to reconsider (ie. they would reopen their own case, since you clearly have an I-485 pending). If more than 30 days has passed, I'd just refile the I-765.
 
TheRealCanadian,
When i went for the infopass earlier, they asked me to send a letter to the service center asking them to reconsider. I didn't know that they, i.e. local office for InfoPass, could also put in a request for Service Request to Reconsider.

I have now filed a Motion to Reconsider with the service center.

Would you advise I still go for another InfoPass appointment and ask for a Service Motion to Reconsider? I am still within 30 days(barely).

Thanks,
 
AC21 portability with higher job position

Hi

I have applied for EB3-485 on July 2nd (India PD May 04). I have a question regarding my AC 21 portability after 180 days.

When I applied for labor on this job I was a manager. Now over the years I have been promoted and now I am vice president in one of the divisions. My salary has also increased by nearly 30%.

I am living away from my husband who lives in mid-west becasue of this whole green card issue. I am planning to move with him after 180 days. So if I change jobs do I need to look for jobs with job description on my I 485 or I can look for jobs with my current higher position?

Thanks in advance
 
dollar500 said:
Hi

I have applied for EB3-485 on July 2nd (India PD May 04). I have a question regarding my AC 21 portability after 180 days.

When I applied for labor on this job I was a manager. Now over the years I have been promoted and now I am vice president in one of the divisions. My salary has also increased by nearly 30%.

I am living away from my husband who lives in mid-west becasue of this whole green card issue. I am planning to move with him after 180 days. So if I change jobs do I need to look for jobs with job description on my I 485 or I can look for jobs with my current higher position?

Thanks in advance
Click to expand...

Usually it is the job desc on I-485 that will be used for "similar job" for AC-21
Pls. do confirm with other folks as well.
 
The new job should be similar to the one on the documents for the green card (labor cert/I140/etc) not your current job.
 
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