Jim please help....EAD denial

P

power1289

Registered Users (C)
Hi folks,
i need your advise.

I & my wife applied EAD renewal last month in loal office My I 485 case has been transfered to Chicago on aug 1,2001. RD 3/30/2000. Still i am waiting for GC interview from local office. Now my wife got a letter from local office saying that they denied my wife EAD. here is full text

You have failed to establish eligibilty for employement authorization under 8 CFR 274A.12(A) OR (C)

Accordingly YOUr application for employement authorization has been denied. There is no appel to this decision. This decision is without prejudice to considering of subsequent application filed with INS.

Catch points: My wife worked on EAD ~1 year and got laidoff. She is collecting unemployement benefits. She already own S-corp having 3 H1\'s.

Does this catches create any problem? Does any one know what this section CFR 274..etc). Please give your advise.

Thanks in advance,
 
Greedy A--hole

Can\'t u guys wait for the GC approval and start a company (looks like, dying to squeez the blood out of H1s)? Collecting unemployment benefits? Another greedy thing. Your greedyness took you to collect unemployment benefits even before getting the GC approval. Looks like, you scrwed up big time. While I don\'t know what those listed numbers indicate about the law, but if INS comes to know that you guys are collecting unemployment benefits before getting GC and that too with a S-corp running with 3 H1s (is it really a unemployment while employing 3 H1 and squeezing blood out of them while you collect unemployment benefits), then you are scrwed, ofcourse, you deserved that.
 
WE never make it

Friend,

Thanks for your mail. I never made any money from s-corp. ofcourse i helped 3 frineds who were going to be out-of status. no one is currently working on my pay roll. even collecting unemplyement benefits i talked to lawyer. he said o.k because she is not a primary applicant. If you know really something let me know.
 
As a primary applicant you are more responsible

I think you are getting confused. As a primary applicant for EAD and GC for you and your wife you are the more responsible party because your wife was dependent and probably on H4.

Posting this link again.

Please check with your lawyer.

TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)/8 CFR PART 274a -- CONTROL OF EMPLOYMENT OF ALIENS/Sec. 274a.12 Classes of aliens authorized to accept employment.
 
OK...In my OPINION

even before u got approved you have taken assistance(your wife and you, because wife is your dependent),Currently u should not have any problem, untill and unless INS has smelled somthing fishy. WHat u did for your three friends was very nice, but this is not going to help your case of employment benefit...this is fraud. How many times have you seen people getting arrested for misrepresentation of their employment status and collecting unemployment benefit? I have seen it happen quite often. I cannot suggest anything except consult a very good LAwyer
 
No Title

For a few dollars why do you people make your lifes miserable. By the way how much was the unemployment comp. $ 200 per week. What did you gained my dear friend. Denial.
 
Questions

That was an interesting mess that power1289 got into. I have a couple of questions for you guys:
1) Is your spouse on EAD not entitled to umemployment benefits if
I-485 is still not approved.
Or
2) Is power1289 in trouble cos his spouse at some time had 3H1B\'s working for her and still taking unemployment benefits?

I know of a colleague whose wife once on EAD is getting unemployment benefits even though her husband\'s (primary applicants) I485 is not approved. Could this be a problem at some stage of CG approval ?
 
What a shame..

Dear Friend,

Post 9/11 everything has changed drastically. In addtion to this there are layoffs still happening. I do not understand why the urgency to apply for unemployment benfefits, not having a GC. I do not know if this is foolishness or something. On top of this there\'s a company that he or she starts and she gets laid off..What a mess. I thing the 3 H1B holders working for this couple are also exposed. As the saying goes Greed is the root cause for misery". I do not know if there\'s a way out to get out of this mess....But I wish all the best..considering the fact that we all make mistakes...Hope something will workout and eventually u will get the GC.
 
I think this is a good lesson for all of us, when to get un-emp benefits, when

to start company.
 
It is very simple

If one looks at the minimum eligibility conditions for claiming unemployment benefits: US Citizenship or Permanent Resident and should have worked at least 2 quartes in the last one year.

I don\'t understand how a person in waiting to be a permanent residency be eligible for unemployment benefits. EB based GC petition main purpose is that a person has a job and would not become a public charge (at least, this should be the case until GC approval), it includes the both primary and secondary too.

Once you get the GC, you can have change of plans...which might be allowed by law.....but definetly not before you become a permanent resident (including your wife)........

hope for the best....assume that INS didn\'t find this mess...and EAD denial may be due to something else.....
 
Please stop Bullying him....

Guys,
Please stop bullying "power1289" when he is already hurt. He seems to be a nice person who tried to help his friends when they are in trouble. I bet this is not an entertaining subject when it comes to you :) Let\'s hope for the best.
 
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