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when Motion to reopen is filed can Benefits be renewed?
- Thread starter Brenglen
- Start date
PraetorianXI
Banned
Hello,
quick queston, When you file a Motion to reopen, can your benefits (EAD/AP) be renewed? because I cannot find anything that says you can or cannot.
I thought you said these are not the benefits you were talking about.
I thought you said these are not the benefits you were talking about.
no no the Finacial aid was just something i was looking at 3 months ago but now im looking to renew my EAD cause it expires in december.
I would say strictly no....but sometimes (very rare...) it is Yes ..like in my case
Hi Brenglen
Yes you can apply for the renewal of EAD and AP only if they approve your I-290A/I-290B and re-open you I-485. Once they deny your I-485 they close your I-485 file, when I-485 is in closed state they will never approve/renew your EAD/AP. It happened in my wife's case. But in my case accidentally(may be 1 in 1000 or 10,000) they approve I think , they have approved my renewal of EAD and AP.(when I checked up with INS they(IO- Immigration Officer) said they are also not sure why it has happened...). In fact when they approve your MTR, they have to re-open I-485 of your case and any of your dependents based on the procedure...but they never follow that rule strictly....if you take the help of your senator they might help you in opening up your I-485. If your I-485 is re-open, then they will definitely approve your EAD and AP.
If you have any questions please let me know.
Good luck !
Thanks
Gopal
--------------------------------------------------------------------------
First I-140 approved in Apr 2001 and got laid off from the job even before filing I-485.
VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy where abouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - 2nd RFE (Still waiting for the exact copy of the RFE.. it is on DOL for the duplicate labor.) - Jan 2007
I-485 - Got re-opened on USCIS motion in Jan 2007
I-485 (wife's) opened in Jan 2007
Filed for 4th EAD and AP filed in July 2007 and approved in Sep
140 approved on Aug 05 2007 (Magic mail from CRIS)
GC approved on Oct6th
Waiting on wife's 485 still....
Hi Brenglen
Yes you can apply for the renewal of EAD and AP only if they approve your I-290A/I-290B and re-open you I-485. Once they deny your I-485 they close your I-485 file, when I-485 is in closed state they will never approve/renew your EAD/AP. It happened in my wife's case. But in my case accidentally(may be 1 in 1000 or 10,000) they approve I think , they have approved my renewal of EAD and AP.(when I checked up with INS they(IO- Immigration Officer) said they are also not sure why it has happened...). In fact when they approve your MTR, they have to re-open I-485 of your case and any of your dependents based on the procedure...but they never follow that rule strictly....if you take the help of your senator they might help you in opening up your I-485. If your I-485 is re-open, then they will definitely approve your EAD and AP.
If you have any questions please let me know.
Good luck !
Thanks
Gopal
--------------------------------------------------------------------------
First I-140 approved in Apr 2001 and got laid off from the job even before filing I-485.
VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy where abouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - 2nd RFE (Still waiting for the exact copy of the RFE.. it is on DOL for the duplicate labor.) - Jan 2007
I-485 - Got re-opened on USCIS motion in Jan 2007
I-485 (wife's) opened in Jan 2007
Filed for 4th EAD and AP filed in July 2007 and approved in Sep
140 approved on Aug 05 2007 (Magic mail from CRIS)
GC approved on Oct6th
Waiting on wife's 485 still....
Hi Brenglen
Yes you can apply for the renewal of EAD and AP only if they approve your I-290A/I-290B and re-open you I-485. Once they deny your I-485 they close your I-485 file, when I-485 is in closed state they will never approve/renew your EAD/AP. It happened in my wife's case. But in my case accidentally(may be 1 in 1000 or 10,000) they approve I think , they have approved my renewal of EAD and AP.(when I checked up with INS they(IO- Immigration Officer) said they are also not sure why it has happened...). In fact when they approve your MTR, they have to re-open I-485 of your case and any of your dependents based on the procedure...but they never follow that rule strictly....if you take the help of your senator they might help you in opening up your I-485. If your I-485 is re-open, then they will definitely approve your EAD and AP.
If you have any questions please let me know.
Good luck !
Thanks
Gopal
--------------------------------------------------------------------------
First I-140 approved in Apr 2001 and got laid off from the job even before filing I-485.
VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy where abouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - 2nd RFE (Still waiting for the exact copy of the RFE.. it is on DOL for the duplicate labor.) - Jan 2007
I-485 - Got re-opened on USCIS motion in Jan 2007
I-485 (wife's) opened in Jan 2007
Filed for 4th EAD and AP filed in July 2007 and approved in Sep
140 approved on Aug 05 2007 (Magic mail from CRIS)
GC approved on Oct6th
Waiting on wife's 485 still....
thanks so much for the reply,
Well I applied the motion to reopen (I-290B) back in June, received a Receipt 2 weeks later and haven't heard anything from them since... So I would think the Motion to reopen is approved?