Is EAD still valid?

H

henryetta82

Registered Users (C)
Hi everyone,

my I-485 got denied in Jan 2009. We reapplied for MTR within 30 days and we claimed 245(i) for our AOS which basically forgivess us for having worked illegaly in the past. Right now the MTR hasn't been accepted yet but I am still working...do you think my EAD is still valid? And if not will I still be ok because I am claiming 245(i)?
 
henryetta82 said:
Hi everyone,

my I-485 got denied in Jan 2009. We reapplied for MTR within 30 days and we claimed 245(i) for our AOS which basically forgivess us for having worked illegaly in the past. Right now the MTR hasn't been accepted yet but I am still working...do you think my EAD is still valid? And if not will I still be ok because I am claiming 245(i)?
Click to expand...

If you were eligible for 245(i) why you did not claim it at the time of I-485 filing? On what basis you claim that you are eligible for 245(i)?
 
EAD still valid?

Hi,

I did claim 245(i) on the I-485 application. Actually this was my 3rd I-485 application that was denied...the first two were denied because the underlying I-140 were denied. The third time the I-140 was accepeted but now the I-485 was denied because we didn't include the $1,000.00 fee for supplement A (which we should have done since we claimed 245(i). But we did pay this fee on the first application and when USCIS asked for it again in an RFE our lawyer said we didn't need to do it since that was a one-time fee,
so we only sent them the receipts from when they first time we payed this fee.
Well our case got denied because USCIS says it's a one-time fee per application.

So now as I am waiting to see what's gonna happen with the MTR I wonder if my EAD is still valid. I know for other people that have never been out of status, their EAD wouldn't still be valid and if they worked they would practically be doing it ilegally. But since I am under 245(i) I wonder if that also applies to me?

Thank you
 
If the MTR is accepted, your EAD will be valid again. Also, with MTR acceptance I believe the time spent working on EAD when the MTR was pending would also be considered to be authorized employment, but I'm not exactly sure about that so check with a good lawyer to verify.
 
henryetta82 said:
Hi,

I did claim 245(i) on the I-485 application. Actually this was my 3rd I-485 application that was denied...the first two were denied because the underlying I-140 were denied.
----------USCIS was correct.
The third time the I-140 was accepeted but now the I-485 was denied because we didn't include the $1,000.00 fee for supplement A (which we should have done since we claimed 245(i).
-----that is you or your lawyer mistake and not USCIS mistake. You have bad lawyer.

But we did pay this fee on the first application and when USCIS asked for it again in an RFE our lawyer said we didn't need to do it since that was a one-time fee,
so we only sent them the receipts from when they first time we payed this fee.
--------------------------you were supposed send the fee with latest I-485. your lawyer gave you wrong advice.

Well our case got denied because USCIS says it's a one-time fee per application.
-------------------USCIS is correct.
So now as I am waiting to see what's gonna happen with the MTR I wonder if my EAD is still valid. I know for other people that have never been out of status, their EAD wouldn't still be valid and if they worked they would practically be doing it ilegally. But since I am under 245(i) I wonder if that also applies to me?
----------------------you need a good lawyer.
Thank you
Click to expand...
---------------------
 
Starting to lose hope

Hi,

thank you guys for replying. I think it's time to consult another lawyer...actually I should have done it a long time ago. The most annoying thing is that my lawyer won't even admit he gave me wrong advice and he still expects me to pay him. I could've had my I-485 approved if I had just put the money in that envelope. It didn't feel right when I didn't do it when USCIS specifically asked for it, but then I tought the lawyer knows what he's doing. And by asking me for more money is like he's asking me to pay for his mistakes. Everybody is paying for their own mistakes but why should I pay for someone else's?

In the mean time I'm loosing hope...my PD is Apr 2001. I've been applying for AOS since 2003 and after all the time and money spent still nothing. I have to replace EAD and driver's license every year, I can't go back to school, I can't visit my family....I've been under constant stress for the past 6 years. Is it ever gonna end?
 
henryetta82 said:
Hi,

thank you guys for replying. I think it's time to consult another lawyer...actually I should have done it a long time ago. The most annoying thing is that my lawyer won't even admit he gave me wrong advice and he still expects me to pay him. I could've had my I-485 approved if I had just put the money in that envelope. It didn't feel right when I didn't do it when USCIS specifically asked for it, but then I tought the lawyer knows what he's doing. And by asking me for more money is like he's asking me to pay for his mistakes. Everybody is paying for their own mistakes but why should I pay for someone else's?

In the mean time I'm loosing hope...my PD is Apr 2001. I've been applying for AOS since 2003 and after all the time and money spent still nothing. I have to replace EAD and driver's license every year, I can't go back to school, I can't visit my family....I've been under constant stress for the past 6 years. Is it ever gonna end?
Click to expand...

Keep your head up and do not let yourself pray to frustration. Apply for MTR and explain the situation, you are almost there. Follow the instructions of the letter in your hand, listen to the lawyer but take the safe action even if it cost you extra money.
 
Ead

hi,

thank you for the encouragement. I really hope I will get a positive response this time....it really shouldn't be anything else wrong with my case...but with USCIS you never know
 
You must log in or register to reply here.
Top