Interim EAD Denied - I-485 'on hold'

M

mv1211

Registered Users (C)
Hi,

I need some advice/help. Yesterday I got my interim EAD denied. As per the 90 day rule, I went to District Office (DO) in Philadelphia to get interim EAD but they declined to issue me the EAD. They told me that my I-485 is 'on hold' since 2005 and that is why they can not issue me temporary EAD. When I asked to elaborate on what that meant, the lady officer did not tell me anything and asked me to contact Vermont Service Center (VSC) of USCIS. I tried getting in touch with VSC but got no response regarding this matter.

Has anyone heard that before? What does that mean? I need interim EAD or else I am in trouble. What can I do? Calling VSC does not result in anything. You can not talk to immigration officer and else process take months.

Please HELP...ASAP.

Thanks
 
mv1211 said:
What is POJ method???
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It is a trick to contact the Service center. Many in this forum have used this trick to contact an immigration officer.

This is how I call VSC:
800 375 5283 -1 -2 -6 -1 -Receipt No -1 -3 -4
 
mv1211,
Any news on your case? I have an infopass scheduled with Philadelphia office next week for an interim EAD and I am afraid I might get a denial as well. My 485 has been pending since 2004. My current EAD expires 8/7/06 and i have not received the renewal from VSC yet
 
As far as I know there is a difference between 'ON HOLD' and 'PENDING'. Please find out clear details.
 
ravvap said:
As far as I know there is a difference between 'ON HOLD' and 'PENDING'. Please find out clear details.
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What does I-485 "On Hold" means??? Why would INS do that??

Please explain..
 
mv1211 said:
They told me that my I-485 is 'on hold' since 2005 and that is why they can not issue me temporary EAD.
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This can happen if your I-140 is not yet approved, and you filed I-485 and I-140 concurrently together with EAD.

Do you have an approved I-140?

The other reason is that the I-140 could have been revoked by the company.

Has it been revoked?

Another reason is that the EAD application can not somehow be connected to your pending I-485 and your approved I-140, so they are still looking for the files, and so the EAD application is on hold until they verify that your I-140 is approved.
 
No Idea

I would like to summarize all the responses to all the posts in one response.

1. My I-140 is approved and not revoked. I am still with the same company. It has been approved for more than 2 yrs now.

2. I have no clue what 'on hold' means. I called VSC and they said everything looks fine not sure why Philadelphia DO denied the interim EAD. I think it was lack of knowledge of Philadelphia

3. Everything looks fine but and every one I talked to said I should have got it but some times such things happen. No concrete answers.

I think atleast interim EAD should be issued. The immigration officer I talked to said it is on hold due to retrogression. Now I think there is no official status 'on hold'...so I have seen people using 'pending' and 'on hold' interchangeably.

I have no clue why they did not approve it. There is no RFE either on any application.

Tedun...please let me know how it worked for you???

curiousGeorge said:
This can happen if your I-140 is not yet approved, and you filed I-485 and I-140 concurrently together with EAD.

Do you have an approved I-140?

The other reason is that the I-140 could have been revoked by the company.

Has it been revoked?

Another reason is that the EAD application can not somehow be connected to your pending I-485 and your approved I-140, so they are still looking for the files, and so the EAD application is on hold until they verify that your I-140 is approved.
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mv1211 said:
The immigration officer I talked to said it is on hold due to retrogression.
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This means you applied for the I-485 before your priority date is current. They cannot issue an EAD when your priority date is not current, since the I-485 itself is on hold. They can only issue an EAD when the I-485 is pending, and since your priority date is not yet current, and the I-485 is NOT pending, it is on hold.
 
CuriousGeorge,
All of our I485 are " on hold" or pending due to retrogression. We are talking about renewing an EAD. How come they issued an EAD before but now it is a problem when it is time for renewal.
I really think it comes down to the ignorance of the local officer.
mv1211,
Did you ask to talk to a supervisor?
Can you get VSC to fax you something stating that you are entitled to an EAD and take it to the Philadelphia office?
My appointment is for next Wednesday.
 
CuriousGeorge you are not getting the point. Tedun did try to explain the situation...My I-485 has been applied for 3 yrs now...

Not sure if VSC will entertain the fax request. Do you want to try?



tedun said:
CuriousGeorge,
All of our I485 are " on hold" or pending due to retrogression. We are talking about renewing an EAD. How come they issued an EAD before but now it is a problem when it is time for renewal.
I really think it comes down to the ignorance of the local officer.
mv1211,
Did you ask to talk to a supervisor?
Can you get VSC to fax you something stating that you are entitled to an EAD and take it to the Philadelphia office?
My appointment is for next Wednesday.
Click to expand...
 
mv1211,
I just got my interim EAD. They did not even look at the letter I had from my employer.
All they needed was the recept number for I-485, I140 and I-765. I had to fill out a new form for the EAD. Got my picture taken and got an EAD valid till 4/1/07. Unfortunately, it is effective as of today and not the date the old one experied.
I got serviced by officer L. Camacho.
Maybe you should try and get a new appointment and this time you might get someone better and more knowledgeable.
Good luck!
 
mv1211 said:
I have no clue why they did not approve it. There is no RFE either on any application.
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This happens many folks . We had similar case At Baltimore last year. Contact your Local Senator or Congressmen. They will take care of these things. Within a week you should get IEAD.
 
All gurus....

I'm sorry for answering a question at the wrong time, but if you have time please reply to this.

My case has been denied based on the missing labor(sub labor) in 2005 and filed MTR for me and my wife. MTR got opened but the matter only on the I-140 is updated not on the I-485, filed for my 3rd EAD in April and it has been more than 90 days and have not received my EAD as of today. If they do not open my I-485, don't they approve my EAD or is there any other reason. It looks you were also in the same boat some time in the last year. Did you go to the USCIS local office and get your interim EAD or it got approved on it's own. Please let me know, I'm really more worried of what to do for my EAD. My DL is getting expired by the end of this year and even the renewal of that depends on my EAD, because I do not have any H1 behind my GC(which has been stopped since Feb 2005) for any other option.

Is it good to go to any USCIS, right now I'm at cousin's place at Charlotte, basically from Delaware. Is it OK to go and get the interim EAD from Charlotte office , is that OK. Please give your valuable suggestions.

Thanks
Gopal
 
curiousGeorge said:
This means you applied for the I-485 before your priority date is current. They cannot issue an EAD when your priority date is not current, since the I-485 itself is on hold. They can only issue an EAD when the I-485 is pending, and since your priority date is not yet current, and the I-485 is NOT pending, it is on hold.
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How can one apply for I-485 if the priority date is not current? USCIS is never going to accept the I-485 applications if the dates are not current. They immediately return the applications to the applicant and never keeps them "on hold".
 
jify30 said:
How can one apply for I-485 if the priority date is not current? USCIS is never going to accept the I-485 applications if the dates are not current. They immediately return the applications to the applicant and never keeps them "on hold".
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I agree, you can't. But if you had submitted your I-485 back in the days when all the dates were current, then your I-485 may have been put on hold at the time when the dates retrogressed.
 
curiousGeorge said:
I agree, you can't. But if you had submitted your I-485 back in the days when all the dates were current, then your I-485 may have been put on hold at the time when the dates retrogressed.
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The lack of a current priority date should not affect eligiblity for an EAD or AP. The only requirement is that one have a pending I-485, not a current priority date.
 
curiousGeorge said:
I agree, you can't. But if you had submitted your I-485 back in the days when all the dates were current, then your I-485 may have been put on hold at the time when the dates retrogressed.
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No, I think you're wrong. You are eligible for EAD and Ap even if your PD is not current. Just because you have a receipt for I-485.
 
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