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Motion-to-reopen I-485 - When can I apply EAD Renewal?
- Thread starter fmmac
- Start date
My I-485 was denied due to obvious USCIS error. We applied for Motion-to-Reopen.
I-485 denial notice did not indicate that EAD is revoked.
My EAD is due to expire in two and half months
When can I apply of EAD renewal?
You can apply when your I-485 return back to the pending status. Whatever the cause of denial, if you apply for EAD/AP with denied I-485, the EAD/AP application will be denied immediately. For the USCIS to send you the receipt, the I-485 should be pending (not denied, approved or waiting reply for RFE). The second question which you may ask in different wording: What should I do, my EAD will expire and I will be without job because of USCIS mistake? Again, you should have valid EAD to work and you can not apply for EAD with I-485 in denial status, you can sue the USCIS because of their mistake to compensate you for that harm if you want.
Thanks mmed for your response
Today I had an infopass appointment. The officer suggested to apply for EAD once the case status changes to motion-to-reopen. When you apply for the EAD write a covering letter explaining the prevailing situation and request for an expedited process.
Today I had an infopass appointment. The officer suggested to apply for EAD once the case status changes to motion-to-reopen. When you apply for the EAD write a covering letter explaining the prevailing situation and request for an expedited process.
My I-485 is currently in denied state
I applied for EAD renewal after I got the receipt notice for I-290B (motion-to-renew)
I receive a receipt notice for EAD renewal (Notice date was July 23, 2008)
On August 1, 2008 I got EAD denial notice.
I went by what the infopass immigration officer suggested. He had suggested to apply for EAD renewal after I get the receipt notice for I-290B.
Can anyone please comment on this. What are my possible options?
I applied for EAD renewal after I got the receipt notice for I-290B (motion-to-renew)
I receive a receipt notice for EAD renewal (Notice date was July 23, 2008)
On August 1, 2008 I got EAD denial notice.
I went by what the infopass immigration officer suggested. He had suggested to apply for EAD renewal after I get the receipt notice for I-290B.
Can anyone please comment on this. What are my possible options?
What was the reason for denial?
Cited the following Titel 8, Code of Federal Regulations
8 CFR 274a.12(c)(9)
Any alien who has filed an application for adjustment of status to lawful
permanent resident pursuant to Part 245 of this chapter may apply for
employment authorization during the period that application is pending
Your application for adjustemnt of status to that of lawful permanent resident has been denied and therefore, is no longer pending before this Service. Accordingly, your application of employment authorization must be denied as a matter of law.
There is no appeal to this decision. This denial is without prejudice to any future filing of an Application for Employment Authorization under any section of law for which you feel you may be eligible.