EAD Probably Denied!!

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EverGC

New Member
Folks,

I am very new to this forum and also don't know most of the general lingos used on this forum.

To be simpler, my EAD with Oct22 notice date, has been hanging in Nebraska past long time with no response. After checking with INS folks, my lawyer got the feeling that the INS folks at Nebraska are going to deny the application. INS is supposed to respond coming tuesday with the reason. I am growing increasingly worried as to what is all this supposed to mean. Why me?

Does my 485 get rejected too? If I-485 rejected, do I get deported even though H-1 is valid?

My lawyer has left the immigration practice past long time, just helping me get through my case as I was the last.

What to do folks?

Thanks for your help.

EverGC.
 
Hello,

INS can't deny case begore sending RFE. there r chances for denial only if u r out of status before applying I-485.

U should definately check ur lawyer's license to practice.
check with another good lawyer for ur case.
 
Out of Status?

I am on H1 past 4.5 years, one company and they filed for GC. Simple case.

Travelled back-and-forth several times on the H1. Always remained lawfully in US based on I-94. Regular W2s/paystubs.

I was away for a while in-between to our asian operations for assistance setting-up the practice. Just for few months. Took leave of absence from US office Payroll. Can that make me out-of-status?

Thanks,
EverGC.
 
Your being away for a while may complicate your I-485 processing - I think it should be OK as long as it can be proven that the absense is temporary and due to company needs, not inability of the employer to pay.You really need to talk to a lawyer here, but my understanding is that you need to have a job offer through the whole time I-485 is pending. Any gaps in US-based employment are definetely not a positive factor, but not necessarily a negative one.
As far as your H1-B. The fact that you're off US payroll is not helping, because it may mean that you are not employed by a US company in the US. This may affect your eligibility for H1-B status, from what I understand that depends on how paperwork is done, but I'n not a lawyer, and you really need to consult one here.
As far as your EAD. From what I know INS needs to establish that your I-485 is not "frivolous" - which basically means you have a chance of getting it approved - before issuing any derivative benefits such as EAD/AP. From what you're saying - if the paperwork is done right - your application should look decent.
I'd suggest doing the following:
1. Ask your lawyer why he thinks that EAD maybe denied. Getting EAD under normal circumstances is a relatively straight-forward business and they don't normally get denied unless ineligibility can be established.
2. Sort out your H1-B status. I would be worried by the fact that your are not on US payroll, but it's possible that I'm overreacting.
3. If you are not happy with your lawyer's repsonse you may consider hiring a new one
4. Processing times for EADs at NSC is 12/2002 - way past your ND. Call - or have you lawyer call - NSC and inquire about your case; you are entitled to do that. They may have "simply" misplaced your file - they do do that every now and then.

Another possibility - a grim, but not catastrophic one - is that they got a name "hit" on IBIS security check. This may delay the approval, but - unless you are really guilty of something - is not a basis for denial.
Overall don't fret too much and call them - they should be able to tell you what's going on and what the prospects are. Don't wait - it is recommended by INS itself that if a case is not processed in am expected timeframe( defined by current processing times ), you should call and ask.
Hope this helps
Good luck
 
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