the most bizarre case

R

racersf

Registered Users (C)
I'd like to share my bizarre experience with Nebraska Service Center.
My nd is January 2000 as you can see from my signature.
Every year I applied for EAD knowing that i didn't need to.
But I just wanted to keep my name on their file for the sake of not to be asked any questions in the future. Was it smart or not is a different question.
$150-$175 per year wasn't an issue.
I also haven't gone abroad in these 5 and a half years.
In April 2005 I 've decided to renew my EAD on more time.
On June 28th I've received a letter from NSC which I'll quote here:

"This notice refers to your application I-765 filed on april 25th,2005 in which you requesting employment based upon your filing of a pending application for adjustment of status to lawful permanent resident under Title 8 and etc......
Upon consideration, it is ordered that the request be denied for the following reasons:
Any alien who has filed an I-485 may apply for EAD during the period that application is pending.
A review of your record indicates that I-485 you filed with this office has been approved. The form I-485 is therefore no longer pending with the Service and you are ineligible for employment authorization under 274a.12(c)(9).
There is no appeal to this decision. Please note that aliens who are lawful permanent residents of the US are authorized to engage in employment(as if i didin't know that :mad: ). Please refer any questions to your local USCIS office.
sincerely,
Evelyn Upchurch
Acting Director
NSC/CZC WH156"

My case status on-line shows that my I-485 is still pending. I called 800 number they told me it was pending in their records as well. They also indicated that it was the most unusual situation and urged me to make an appointment with my local San Francisco CIS offfice which I did.
I am absolutely stunned by this situation. I don't know whether I am approved or not and if I am when it happened.
Any thoughts?
 
Hey, I think it's very possible that your case was approved and they just somehow did not send you your approval notice. Hey, I would not be surprised at any kind of screwup at INS, you know.

What I would advise you though when you see the immigration officer, be as pushy as needed to really get the info you need. The risk you are facing here that it might be some officer who doesn't give a s..., will look at the computer screen and just repeat what the 1800 people told you. If this happens, I would request that he give me a written confirmation with his signature on it that the case is really pending - not approved and that the letter that you have received is a mistake. Also, then he would need to process a work permit application for you right at the center.

In any event, whatever happens, please keep us posted.

Good luck!

L.
 
my appoinment is scheduled on July 11th. we'll see what they have to say.
sometimes i am thinking of scheduling an appointment at Nebraska Service Center and just flying there to find out what is going on. i doubt it's going to help but still...
i'll definitely keep you posted
 
racersf said:
(c)(9) as i did in last 5 years
Click to expand...


It is almost certainly the source of their confusion. Asylees and refugees do NOT apply under (c)(9). Asylees are authorized to work under the (a)(5) category. Under the law (c)(9) is NOT material to you.
 
that is not true:
I've always renewed my EAD under (c)(9). here it is:


"EAD Applicants Who Have Filed for Adjustment of Status

Adjustment Applicant--(c)(9). File your EAD applicationwith a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending.You may file Form I-765 together with your Form I-485."
 
(a)(5) is a right code

The code you selected for petition is wrong.

(a)(5) is a right one rather than (c)(9).
 
fine, let's say that the code is wrong but in the letter it clearly says:
"...A review of your record indicates that I-485 you filed with this office has been approved..."
How do you explain that?
 
Ok, guys, first of all it's NOT WRONG, it's just like getting advance parole vs travel document. NOWHERE it says that because your pending I-485 is based on an approved asylum case and not a labor certification, you cannot have the benefits of an adjustment applicant. Yes, you can.

Another argument is that no matter what code he has applied under - that is not the subject of discussion here. The response clearly says that the I-485 petition has been approved and that's the only thing that this person has to find out about.

It's amazing how people restrict themselves to stereotypes and to what "their attorneys" are telling them. Please just use your logic, common sense and basic knowledge of the US immigration laws. That is any person with a pending adjustment petition can apply and receive a work permit under c09 code.

L.
 
lusiks,
thanks for your positive thinking.
saying that they've denied the application just because i'd supposedly checked the wrong box is basically implying that CIS clerks are complete morons.
my LUD on I-765 has changed 3 times during 4 days before i got the letter in the mail, so they must have done some sort of a research.
by the way my online status for this I-765 still says "pending".
i must say the whole thing confuses the sh.. out of me.
 
The code is absolutely wrong. Go to the source and check the actual USCIS regulations:

8 CFR 274a.12 Classes of aliens authorized to accept employment
***
((9) An alien who has filed an application for adjustment of status to lawful permanent resident pursuant to part 245 of this chapter. For purposes of section 245(c)(8) of the Act, an alien will not be deemed to be an "unauthorized alien" as defined in section 274A(h)(3) of the Act while his or her properly filed Form I-485 application is pending final adjudication, if the alien has otherwise obtained permission from the Service pursuant to 8 CFR 274a.12 to engage in employment, or if the alien had been granted employment authorization prior to the filing of the adjustment application and such authorization does not expire during the pendency of the adjustment application. Upon meeting these conditions, the adjustment applicant need not file an application for employment authorization to continue employment during the period described in the preceding sentence. [emphasis added]
 
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The regulations says that (c)(0)(9) is for adjustment applicants under part 245. Asylee adjustment has nothing to do with part 245. Asylee and refugee adjustment is under part 209 of the immigration regulations.

Also the preamble to the (c) categories also indicates that an adjustment apppicant has no inherent right to work in the United States ("An alien within a class of aliens described in this section must apply for work authorization. If authorized, such an alien may accept employment subject to any restrictions stated in the regulations or cited on the employment authorization document. [emphasis added). In other words, it is a discretionary benefit.

In contrast, asylees are authorized to work as a matter of law due to their asylum status. They do not apply for authorization to work. They merely request evidence of their work authorization. (Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes....(5)An alien granted asylum under section 208 of the Act for the period of time in that status, as evidenced by an employment authorization document, issued by BCIS to the alien. An expiration date on the employment authorization document issued by BCIS reflects only that the document must be renewed, and not that the bearer's work authorization has expired. 8 CFR 274(a).12(a)).

To summarize, the (c)(9) code pertains to adjustment applications filed under section 245 whereas asylum/refugee applications are filed pursuant to section 209. Asylees do not apply for employment authorization (as people under category c must). They are only applying for evidence of work of authorization as if they choose, under the (a)(5) category.
 
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The (c)(09) code is certainly incorrect. I did that a few years back and NSC returned the application to me saying that Dear Ms.----you did not file an adjustment application under section 245 and please refile under the (a)(0)(5) category. At least they did not cash my check. :)

That still does not explain the content of your letter. My guess is as follows: my understanding is that in the mainframe INS computer files, asylees are coded as permanently authorized to work in the United States (as are green card holders and refugees). So perhaps the officer (not an experienced one obviously) noticed your work authorization code in her computer and then noticed your (c)(0)(9) selection on your I-765 application. She then asks "when does this dude seek a (c)(0)(9) card if he already is permanently work authorized?" But this is just speculation on my part.

BTW, why the heck did you renew your EAD in the first place? You do not have to and most asylees do not. It is really a waste of money and as is in your case a source of unncessary headache. Save yourself some money and do not worry about the EAD.
 
well, i don't think anyone was able to explain:"A review of your record indicates that I-485 you filed with this office has been approved."
i guess we won't know until i talk to them on the 11th.
 
ok, we all agreed that the code was wrong. but their purely denied the application, they didn't ask to resubmit under a different code.
they denied stating that i was a permanent resident.
 
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