Questions about refiling I485 after denied

[gc66]

My wife's I485 also got denied last Oct. We filled motion to reconsider within 30 days. Its over 4 months already, we haven't got any news from INS. we are considering to refile I485 for her, but have the following questions:
1. Should we attach all the previous I485 documents, espcially the deny letter?
2. Should we attach the Motion to Reconsider documents, explaning why it was a mistake that the last I485 was denied?
Thanks.

 

[Whyallthis]

Hey

I am really sorry for you and your wife. I hope you guys get your GC's soon.
But do you mind telling us what was the reason of Denial for you and your wife?

 

[babyluck]

gc66

Once 485 is denied and we reply askign for MOTR, in that case is it ok to continue to EAD till the final desicion is made by USCIS, or EAD stays invalid till case is reopened.

Please let me know.

thanks,

 

[gc66]

Once 485 is denied and we reply askign for MOTR, EAD stays invalid till case is reopened. I also heard somewhere that even after the case is reopend, EAD will not be automaticly activated, you have to active it in someway.

 

[akatu]

gc66

Once 485 is denied and we reply askign for MOTR, in that case is it ok to continue to EAD till the final desicion is made by USCIS, or EAD stays invalid till case is reopened.

Please let me know.

thanks,

EAD is considered to be valid through the period of validity unless it was specified otherwise in the denial notice.
When reapply, just check the box when asked if you have ever applied and supplement with explanation.

 

[immiq]

EAD is considered to be valid through the period of validity unless it was specified otherwise in the denial notice.
When reapply, just check the box when asked if you have ever applied and supplement with explanation.

Where did you hear that the EAD is considered to be valid after I-485 has been denied?

 

[akatu]

Where did you hear that the EAD is considered to be valid after I-485 has been denied?

Here is howthe law is written:

"Sec. 274a.14 Termination of employment authorization.



(a) Automatic termination of employment authorization.



(1) Employment authorization granted under Sec. 274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:



(i) The expiration date specified by the Service on the employment authorization document is reached;



(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to Sec. 274a.12(c) of this part where appropriate); or



(iii) The alien is granted voluntary departure.



(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section. However, automatic revocation under this section does not preclude reapplication for employment authorization under Sec. 274a.12(c) of this part.



(b) Revocation of employment authorization--



(1) Basis for revocation of employment authorization. Employment authorization granted under Sec. 274a.12(c) of this chapter may be revoked by the district director:



(i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or



(ii) Upon a showing that the information contained in the application is not true and correct.



(2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization. "

Since he/she is not in exclusion/deportation and EAD has not been revoked, it is considered valid.

The other venue of logic. Any violation of status or unauthorized work happened after submittion of I-485 immaterial for future AOS.

 

[number30]

My wife's I485 also got denied last Oct. We filled motion to reconsider within 30 days. Its over 4 months already, we haven't got any news from INS. we are considering to refile I485 for her, but have the following questions:
1. Should we attach all the previous I485 documents, espcially the deny letter?
2. Should we attach the Motion to Reconsider documents, explaning why it was a mistake that the last I485 was denied?
Thanks.

It depends upon the reason for denial and current status.

 

[tammy2]

Where did you hear that the EAD is considered to be valid after I-485 has been denied?

Once the I-485 is denied the status it self is gone. EAD is given as associated benefit of pending I-485. If you check the the I-485 denial notice It says all associated benefits will be invalid.

 

[akatu]

Once the I-485 is denied the status it self is gone. EAD is given as associated benefit of pending I-485. If you check the the I-485 denial notice It says all associated benefits will be invalid.

I anderstand thelogic of your assumption. But,
This is the US, the country of Law. Show me the law where it says that after I-485 denied EAD immidiately automatically invalidated. If you looka the card it reads: Terms and conditions NONE

 

[tammy2]

check the the I-485 denial notice It says all associated benefits will be invalid.

I anderstand thelogic of your assumption. But,
This is the US, the country of Law. Show me the law where it says that after I-485 denied EAD immidiately automatically invalidated. If you looka the card it reads: Terms and conditions NONE

Sec. 274a.14 Termination of employment authorization.

(a) Automatic termination of employment authorization. (1) Employment authorization granted under Sec. 274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the
following events:
(i) The expiration date specified by the Service on the employment authorization document is reached;
(ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to Sec. 274a.12(c) of this part where appropriate); or (iii) The alien is granted voluntary departure.
(2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.
However, automatic revocation under this section does not preclude
reapplication for employment authorization under Sec. 274.12(c) of this
part.
(b) Revocation of employment authorization--(1) Basis for revocation of employment authorization. Employment authorization granted under Sec. 274a.12(c) of this chapter may be revoked by the district director:

(i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or

 

[akatu]

check the the I-485 denial notice It says all associated benefits will be invalid.

That in bold refers to REVOCATION not an automatic termination.

As of denial notice: not every notice bears this statement, even if it does, there should be formal revocation to invalidate EAD as per currently existing law.

 

[wbd]

I am not a lawyer, and I am not trying to scare you. 245(c)(7) states that a person has to be on nonimmigrant status at the time of adjustment. I am not sure whether you can file a second I-485 IF using EAD automatically invalidates H1/H4. Maybe trying to reopen the case might be the best way to go.

 

[number30]

That in bold refers to REVOCATION not an automatic termination.

As of denial notice: not every notice bears this statement, even if it does, there should be formal revocation to invalidate EAD as per currently existing law.

That is automatic revocation. Natrally automatic revocation results in automatic termination.

 

[akatu]

There should be a written notice of revocation. There is no such a thing as "automatic revocation".

 

[wy2wy2]

if you did not received a formal 485 denied, still can use ead to work

hi Akatu

My 485 denied (April, 2005) a year ago. I did not receive any notice from VCS. however, I get my EAD(sept. 2005). I called this march 2006 and got the result. they did not reissue the formal denied notice because it was issued more than half year. I have to sent the letter to ask them to send the copy of the notice. which it will take about 2-3 months.

Do you think I can still use the ead to work because I did not received the formal notice?

Thank you

wy2

 

[akatu]

hi Akatu

My 485 denied (April, 2005) a year ago. I did not receive any notice from VCS. however, I get my EAD(sept. 2005). I called this march 2006 and got the result. they did not reissue the formal denied notice because it was issued more than half year. I have to sent the letter to ask them to send the copy of the notice. which it will take about 2-3 months.

Do you think I can still use the ead to work because I did not received the formal notice?

Thank you

wy2

Yes I do. At least I did. After I resumed AOS in the IC I have got next EAD with no problem

 

[tyanne]

Some advice about I-485 appeals

My I-485 case was denied in 2004 because I refused to have a blood test done on my child when I was 7 months pregnant.I filed a motion to reopen 30 days after denial.In Feburary of this year I got so tired of waiting so I wrote a letter of inquiry to my Mayor and Borough President.They investagated my case and it was reopened two months later.So my advice is not to sit back and wait because sometimes you can hurry the process and ask question (call the USCIS hotline and read alot about others cases.