My iEAD is denied today @ SFO

I

ideakey

Registered Users (C)
My iEAD is denied today @ SFO

Waited for 5 hours (outside and inside the BCIS) and was told by the officer that "since my I140 is still pending, they cannot issue me an iEAD." Is this true? My H1B is going to expire 5-17-03, so I ask him can I still work legally? He said Yes! But how can I work legally without EAD or H1B? I am very confused and appreciate your opinions on this situation. Thanks!

--Key

My info:

WAC 03030xxxxx@ CSC,
I140 10-31-2002 - pending,
I485/AP/EAD 11-07-2002 - pending
 
Have you filed H1 extension if not then it could be a problem since you don't have 140 approval and hence filing 485 will not make you under "AOS pending" status. So in other words you will be out of status after 5/17.
And you know once you are out of status you will not be getting GC in future.

But don't panic let other guys put there comments and talk to your lawyer ASAP.

I wish I am wrong.
 
if you file for extn of H1B before 05/17 i.e., have it postmarked by that date, you will be legal for 240 days after that. Not filing is not an option.

this is serious business and it seems you are taking it lightly, going for iEAD and all.

good luck...
 
File H1 Extension ASAP! If you don't then you will be an illegal alien after your current H1 expires. You need to have an approved I140 before you come under the adjustee status! Forget about EAD and iEAD get your H1 status cleared first!

Move your ass!
 
iEAD w/o i140 approval

I will ask my lawyer to file the H1B ext. asap, thanks for all the helps!

So, nobody got their iEAD w/o i140 approval?
 
You cannot get an EAD unless and until you are in I-485 status. Previously, when I-140 and 485 were separate this would not have been an issue since you only got to see your EAD after you cleared your I-140. Now with concurrent filing it is a bit confusing. However, as others have rightly said file your H1-B ASAP. You will get your EAD once your I-140 have been cleared.
 
To: ideakey

FYI:
My wife(dependant) collected her iEad in san jose in Mid Feb when my I-140 was under RFE. Our 485s are wac03032*****.

Anyway, file H-1 extension asap.

Don't be blind on those very important issues. Keep us informed. Good Luck.
 
I received my iEAD and so did my wife while we were waiting for the I-140 approval... we did receive 2 RFE's on the I-140 and had submitted them...
 
By reading "at getting IEAD after having RFE on I-140"
looks to me that you could have also got IEAD . It was prabably bad luck that you met this stupid INS officer.

Go ahead with H1-B extn and then again try for IEAD. Different officer might give it to you.
 
So the issue is now , Can you get iEAD without 140 approval ?
My understanding is you can not unless and until you have 140 approved, since some of the folks got it but still I am not convinced.

What if your 140 got denied ? still you can use EAD while 485 is pending ?

What will happen to 485 application while 140 is pending ?
 
vipsha,

my understanding is that an iEAD can be applied for and granted without a 140 approval. i believe that the officer is supposed to look at the case and see if the i-140 has a chance of approval.

i have "told" about cases where EAD has been approved before i-140 approvals. this is pure hearsay

however, in the above case, a denial of i-140 will negate the iEAD. if the person is using iEAD as his/her work authorization, he/she will lose the status immediately.

ideakey, you need to apply for a h1b extension. try premium processing...i believe you will be in status as soon as you get your h1b filing receipt. you might want to try again for an iEAD.
 
ldeakey and others:

Why can't he get EAD without I-140 approval? I got my EAD in three months and my I-140 still pending for last seven months.
There are hundreds of others who got EAD much before approval of their I-140.

You can get I-EAD at loacl office, if EAD is pending for approval for more than 90 days at service center. Issuing I-EAD is depends on officer to officer at local INS office. Also depends office to office. But you can get EAD before I-140 approval. Only they might review I-140 application before issuing EAD to make sure I-140 filing is legitimate.
 
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