Marriage Based GC - EAD Rejected..please help!!

M

mohan_raghukul

Registered Users (C)
Hi all,

Following is the story :(Of someone I know)

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Applied for EAD in April 04, I made an appt after 90 days to get my EAD, to my shock they said that it has been denied and they sent a notice. I recieved it only on Sept 18 (Notice date was Aug19). They never sent an intent to deny at all..now my 6 years H1 is over on Oct 4 and I had to resign. My lawyer has applied for motion to reopen on Sept 21. Fortunately, I have good relations with my Manager ( i don't work for a consulting company)..and they have agreed to take me back if I can get things sorted soon.

The reason for rejection was that I had not added my original birth cert..but used SSC Marks card..i have added the birth cert now...

Can guru's please let me know how long it might take before I hear anything ? and what else I could do, no other status info is available. I have made an appt with INS for the 19'th Oct..

Please help..

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Sorry to hear that.

If the denial was based on such a petty thing as missing birth certificate (they usually ask for the missing document as opposed to deny the application), then the motion to reopen might work. You might have missed out on their request for evidence (RFE). In any case, as long as the original I485 is still pending, you should also be able to re-apply for the EAD, but in the mean time, you have no choice but to take leave without pay.
 
Vholoo,

Thanks for your reply.

They sent an RFE and also asked for a copy of my passport. I also wrote them a letter stating that I can send more information if required. However, the next communication i recieved from them was the denial.

Leave without pay is not applicable because the company had to take me off the payroll due to my being temporarily out of status..however, I would appreciate if anyone lets me know how long (generally) a motion to re-open would take..so that I can get back to work...my manager has very considerately agreed to wait for me to come back..if it is in a decent timeframe.

Thanks for your help.
 
Original birth certificate???

Does anybody know why they asked for original birth certificate??? I don't think that even a copy of birth certificate is required for I-765. Besides, they explicitly say in the instructions to send only copies of documents since they will not be returned. Which birth certificate they wanted, yours or the one of your spouse?
 
Mohan,

It's really sad news.

Is there any other reason , you faced to deny? Please tell us about your whole story. BCIS clearly stated that, they need only copy. Not even notarized copy. And why didn't give them your passport copy before? They also asked for your all the documents. Was it mistake to send your all the documents? Did you miss any other RFE?

All the best.
 
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