I-765 Denial Notice - HELP!!!

KGRM

Registered Users (C)
Upon Consideration, it is ordered that your application for Employment Authorization (Form I-765) Filed on 07/07/2003 pursuant to Ttle 8, Code of Ferderal Regulations, Part 274a.12 be denied for the following reason(s):

A search of service center records failed to disclose properly filed underlying immigrant visa petition, such as an I-140, I-526 or an I-360 filed prior to or concurrently to the filling of this I-765.

Accordingly, your present application for employment authorization has been denied. There is no appeal to this decision. This decision is without prejudice to consideration of subsequent applications filed with the proper Bureau of Citizenship and Immigration Services Office.
****************************************************

Did anyone had ever got this kind of notice. What should be done now. Please Help.

Thanks in advance,
KGRM
 
Yes, I-140 is approved on July 25th 03.
My company applied for I-140 in March-03
While I was waiting for I-140 approval, I applied for I-485/I-765/I-131 applcations with I-140 receipt on July 07 03 for myself and my spouse.

Later on Oct 27th we have received an RFE on I-765 for photo identification and we have sent them the requested information.

Few days before we have recieved this DENIAL NOTICE.

We have not gone through Lawyer for our process.

THanks,
KGRM
 
I suspect your I-140 is denied
Did you sent the receipt of I-485 pending AND copy of approved I-140 filing receipt or copy of pending I-140 receipt. Go to BCIS online status check page punch your I-140 # and find the status of I-140.
What is your service center?
when did employer filed I-140
when did employer filed I-485
Did you file concurrent I-140 I-485 with LC substitution?
 
I suspect your I-140 is denied
-- I HAVE AN I-140 APPROVAL WITH ME

Did you sent the receipt of I-485 pending AND copy of approved I-140 filing receipt or copy of pending I-140 receipt.
--- I HAVE APPLIED FOR I-485/I-765/I-131 TOGETHER WITH I-140 RECEIPT

What is your service center?
--TSC
when did employer filed I-140
--MARCH 03
when did employer filed I-485
--JULY 03
Did you file concurrent I-140 I-485 with LC substitution?
-- I-140 APPLIED FIRST WITH LC AND I-485 APPLIED LATER WITH I-140 RECEIPT
 
KGRM
I seems BCIS officer mistake. Everything seems to be in order and you are qualified for EAD, you should reply back the RFE through lawyer. Or you again send the copy of approved I-140+ EAD filing receipt + I-485 filing receipt and write in the cove letter to reconsider the RFE as you complied the law for EAD and eligible for EAD also mention that it seems to be mistake on BCIS part as your I-140 has been approved and I-485 pending. Write your A# from I-485 receipt also send copy of marriage certificate for spouse EAD


Read the law:
http://uscis.gov/lpbin/lpext.dll/in...lates&fn=document-frame.htm#slb-8cfrsec274a12

*** check your I-140 status on BCIS online status and take the printout and send that also write every detail in cover letter

you can also go to your congressman office and point out the mistake of BCIS, provide all the copies og I-140, I-485 pending, EAd reciepts and copy of RFE
 
Thanks a lot Ginnu for your reply.
I will hand over the case to Lawyer from now on.


Thanks,
KGRM
 
ginnu, usually when you

write back with any problem which address do you respond to. They had dates wrong on my EAD card and I requested with letter etc but never heard back, more than a month now. Is there a better channel that once can send to to have them actually look at it? Otherwise they take it as a low priority.
 
Write back with any problem which address do you respond to.
---- Write to the same address where you sent the original papers, some service centers have different box# always write out side the envelope in big bold letters USCIS MISTAKE on EAD or AP Please correct it, send it with certified return receipt mail. If you have the copy of form that you sent to them attach it because they may say the info on form was incorrect

They had dates wrong on my EAD card and I requested with letter etc but never heard back, more than a month now.
---- Mail another letter
Is there a better channel that once can send to to have them actually look at it?
---- Talk to your congressman office, provide them receipt of EAD filing and copy of EAD and write what is wrong on EAD also explain to them that you have sent 4 letters to USCIS service center and got NO response
 
Top