MTR and EAD

D

desiladka

Registered Users (C)
I know there are several people here how have got their 485 denied. This thread may help all of us.

Is there anyone like me who got 485 denied, MTR is in the process and EAD close to getting expired.

What did you do? Did you apply for renewal? What is the plan?

My MTR is still not approved. To be on the safer side, I applied EAD renewal, just to make sure that I am not at fault of not applying before 90 days. I know it will mostly get denied since my 485 is no more considered pending. But my logic is that once they approve MTR and reopen 485, they should also reopen EAD and approve it.

I would like any experts to comment on this please. Will help me and others a lot in this difficult situation.

Thanks
 
Hi Desiladka,
Iam posting my personal experience here. Hope u will get some idea.
Our MTR was approved on Mar23'2005...but I485 not approved yet.
I applied for EAD renewal in Dec 2004 without knowing my I485 denial.
My husband applied for EAD renewal in Jan 2005 middle without knowing the denial. We got denial letters in Jan'2005 end and applied for MTR on Feb9'2005. We got it reopened only on March 23'2005, almost after one and half months....
Now under this situation, my EAD was denied on Mar22'2005 saying my I485 was denied.Its a day before MTR approval.When I called and asked if they will reconsider my denied EAD application again, they said I can go only for MTR for EAD and also said they didn't review my EAD app. since my I485 was denied.
Then for my husband he got his EAD approved on April'2005 second week.He got approved because they took his EAD application to review after MTR approval. I guess matter of time when they take the application for process.
So i guess if your MTR gets approved and then ur EAD will be considered and approved.
This is purely based on our experience.Each case is different.
My AP was also denied...local IIO said i can apply for EAD and AP again freshly and get approved.
Our MTR is reopened and still pending for approval.May be we r struck in namecheck...no idea.

Thanks and goodluck,
banama.
 
Banama & Desiladka

I am also in a similar situation, I applied EAD on 04/2005(Exact date I will know once i receive the WACxxxxx) and waiting for approval.

NSC
II40 Approved March 2004
485 ND Oct 2003
Changed Employment after 180 days
EAD/AP AD Aug 2004

:mad: 485 Denied 03/2005 - I140 withdrew
MTR Filed 03/2005
EAD/AP ND 04/2005

How do we know MTR approve or is still pending?
From Day 1 the Online Message says: MTR was recieved. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

My Main question is,
Once MTR has accepted or approved it, 485 will reopen it otherwise 485 won't, am right?
will EAD Approve in this case?

Thanks in advance
 
Last edited by a moderator:
Banama please be more specific

When you say your MRT was reopened what did you mean exactly?

Submitted, or approved/
 
Mtr...

Hi akatu,
I meant that my MTR was filed on Feb 9th,2005. It got reopened on Mar23'2005. My MTR is approved or reopened by USCIS for processing I485 again. But they have not given any result for I485 yet.
I also got notice saying my MTR is reopened.
Its going to be almost a month now after MTR reopen/approval still waiting for I485 approval.
Hope i have given clear picture now....

Thanks,
banama.
 
Message for Banama and Others

Banama, I assume you are the primaty applicant.


Anyway I knew I would get my EAD denied, But I just took chances. Waht I would like to know from anybody who can answer the following:

What am I supposed to do in such a case? Dont you think I did the right thing. I will loose my job if I dont have a current EAD.

Waht will happen if they deny my EAD and then they approve MTR?

Do I have to re-apply EAD, spend $175(not important) and wait for 3-4 months to get approved ( I will loose my job, will not get it back)

Suggestions please...
 
Hi desiladka,
Like u said we will pray and hope for the best.
Please don't give up ur hope. Any change can happen any time.
Its ok u have filed EAD before 90 days....suppose if ur MTR is opened after 1 or 2 weeks and ur EAD will be pending....even if its not approved u can go for IEAD after 90 day period.If u haven't not applied for EAD then IEAD will not be possible...so what u did is ok...
Iam not the primary...me is dependent...after 2or 3 weeks if ur MTR is not reopened ask ur lawyer or urself try calling VSC center.....if some kind IIO comes in line and u can explain the situation..they might consider sometimes.
My husband got his EAD approval the very last day of his existing EAD .
No LUD change nothing...got the approval mail around 5.30pm.It was real surprise to us...so lets wish for good....
God always helps us in someway.
I have written my opnion.
Thanks and goodluck,
banama.
 
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