Houston
Notice to Appear and EAD Clock
- Thread starter iceberg_
- Start date
Hi guys I received NOID in September then I sent a rebuttal through my lawyer. I continued to count my 150days so that I can apply for it after 150days that ended October 18th I sent EAD application after 24days pending I was sent case denied online and when I checked USCIS portal am told my decision was reached and I will receive it in the mail. Am very worried do you guys think I was granted asylum or denied please advice
msv5450
Active Member
I think you will receive a written denial in mail, here is why:
The fact that you received NOID means that you were in legal status (something like student or H1b visa); otherwise you would have been referred to the immigration court upon being rejected by the AO. If you had been referred to the IJ, your EAD would have been approved and you were allowed to work until IJ reaches a final decision on your case. However, the denial that you'll be getting through mail is the final decision on your case, you have no right to get an asylum EAD and that's why it was rejected.
So NOID stops your time from running because it came in September 5th and my I 94 was ending on September 6th. They denied my EAD on November 14th.
My 150 days ended in October 13th them I applied on October 18th.
msv5450
Active Member
That’s your biggest mistake
You should have waited until your visa expired and then applied for asylum. With the LIFO system, the call the applicants for an interview in less than two months and because of that a lot of people have valid status at the time if interview. That’s why they receive NOID instead if referral to IJ. Rebuttals end up being rejected 100% of the time because the same officer that denied you once reviews the rebuttal. However, those who are referred to the IJ get another chance to present their case a different adjidicator and some of them get their approval from the judge.
@msv5450 and the rest of the members please help me with the advise after our discussion I believe that the letter is coming in the mail is a denial because I got NOID like 1day before being out of status my visa is b1 B2. NOID sent on the 5th September rebuttal sent and on 14th November same day EAD application denied the online changes decision reached but the EAD still running automatically denial. My I 94 ended September 6th. So as you say no referrals to the judge how do you think I can get myself from this mad? Please member your advise and support have so strength am total being depressed with this issue I call in for your help.
msv5450
Active Member
I understand your distress.
You're saying that your visa is no longer valid and you are out of status. Currently, you have no status and you're not even considered as a person with an "Asylum Pending" case. Thus, you are living in the US illegally right now. Here is my suggestion:
If it has been less than 12 months since you've arrived in the US, you are still eligible to apply for asylum. I suggest you reapply for asylum. That will give legality to your presence in the US because you have a pending asylum case. They will ask you for an interview in 5-6 weeks (if you live in a large city like LA or Chicago). I'm pretty sure that they will reject you 2 weeks after the interview because of your past denial, and the your denied rebuttal. However, you will be referred to the immigration court and you will still have the right to live in the US. Your court hearing will be scheduled for late 2022 or 2023. You will be able to apply for EAD after 5 months. Beware the 5-6 months that you have already waited for your current denied asylum case won't counted towards the other 5 months that you need to wait after you reapply.
Consult with a laywer if you can afford one. tell them what I suggested. I don't think you have any other option, unless you want to stay in the US illegally
msv5450
Active Member
Visa is just a piece of paper stamped on your passport that tells the US customs and border protection that this person has permission to enter the US. That is all and it has nothing to do with your status.
I don't know about the tourist visa, but for the student visas, your status is linked to your I-94 which is linked to I-20 from your school. if you drop out of school, you have invalidated your I-20 and thereby your status
@masv5450 thanks for your advise so I got the letter am supposed to appear in court on December 13th. Which I think is what you were praying for me to get so that I be here legally kin the US. So they referred me to court but denied my EAD. Will I be counting afresh 150days from December 13th or how will that work out now? Please advise and thanks for the help.
msv5450
Active Member
Yeah, that makes sense because you are no longer in status and must be referred to court. This court appointment is not important. You just have to appear and they will set a date for the main immigration court hearing, which will be almost 2 years later.
The 150 days for EAD application is counted from the day that you submitted your asylum request. So, you are still eligible. What does your clock say? I don't think it's been reset and you are eligible to apply for EAD
msv5450
Active Member
I have no idea. You should ask those who have been referred to court
You previously said it was around 180 days