Worked with expired EAD for one month

H

henryetta82

Registered Users (C)
Hi everyone

I just found out that my MTR was accepted back in feb 20, 2009. My I-485 is back to pending since then and that's the good news. I've had a lot of bumps along the road. In fact this was my third I-485 applied.

But I think I could be in more trouble. The problem is that back in 2008 I renewed my EAD too late and I worked for about one month without a valid one.

Please advise me on this...do you think my I-485 could be denied now because I did this? And I don't know if this makes any difference but I claimed 245(i) for AOS.
 
henryetta82 said:
Hi everyone

I just found out that my MTR was accepted back in feb 20, 2009. My I-485 is back to pending since then and that's the good news. I've had a lot of bumps along the road. In fact this was my third I-485 applied.

But I think I could be in more trouble. The problem is that back in 2008 I renewed my EAD too late and I worked for about one month without a valid one.

Please advise me on this...do you think my I-485 could be denied now because I did this? And I don't know if this makes any difference but I claimed 245(i) for AOS.
Click to expand...

you claimed 245(i) or 245(k)??
 
Hi

I claimed 245(i). We were more than 180 days out of status. PD is Apr 30, 2001...ROW and EB3. I know it sounds weird that we still don't have a GC. We have friends who filed at the same time, same category and now they applied for citizenship and we don't even have our GC yet. But actually this is our third I-485 application...first two got denied because of I140.

Anyway do you think we could be denied again now for working one month with expired EAD?
Is this a really big deal or is it something USCIS can overlook?
 
TheRealCanadian said:
245i gives you relief.
Click to expand...

Thanks for your reply.

I have another question though...I worked with the Expired EAD while I-485 was pending. I renewed it too late because silly me tought we were gonna get approved (I-485) right around the time when the EAD was expiring and I tought I won't need anymore so why waste the money?

So I know 245(i) forgives you for having worked illegaly, but does it do that after AOS is pending or only before applying?

Also I never applied for AP..I heard that I could've gotten the 10 year barr at the POE...is it true?
 
henryetta82 said:
So I know 245(i) forgives you for having worked illegaly, but does it do that after AOS is pending or only before applying?
Click to expand...
I think 245(i) is only for illegal work done before the April 2001 filing deadline (others correct me if I'm wrong on that point).

245(k) is a different provision, which forgives you for less than 180 days of working illegally since your last entry to the US. But you can't use that because you already had accumulated more than 180 days illegally since your last entry.
Also I never applied for AP..I heard that I could've gotten the 10 year barr at the POE...is it true?
Click to expand...
Yes, because of your long overstay, you will be refused entry for 10 years if you leave the US without a green card. AP won't help you.
 
Thanks for your reply

Wow...I really really hope you're wrong on this. Like I said before this was my third I-485 application and between those applications there might have been like a couple of months...I don't even remember anymore exactly how long. But they accepted my second and third app. and also MTR recently.

But also with every application I paid the $1000.00 fee that comes with claiming 245(i).

So I will wait again and see what reason will they come up with this time.

From what I know 245(i) forgives you for having worked illegaly before applying for AOS, but after applying they basically say you no longer have a valid reason for working illegaly since you're eligilble for an EAD.
So my third I-485 app. was in Jun 2007 and I worked without EAD in Jul 2008

Do you think that could be a denial reason or is that something USCIS can "forgive" or overlook? It's not like i did it for years ....it was only one month.

THANK YOU FOR ALL OF YOU WHO TAKE THE TIME TO READ THIS.
 
Hi

I'm gonna try this again to see if somebody can give me an answer...maybe my first post didn't give all the details.

Like I said I worked withe expired EAD for one month while AOS was pending. Also we got an NOID in Jan 2009 but they wanted the Supplement A on form I485 with the $1000.00 fee. We didn't include the fee (at our lawyer's advice) so it got denied. After a MTR and submiting the fee the case finally got reopened.
So I'm wondering if the could now deny my case for working with expired EAD...in the NOID they only mentioned the missing fee as the cause of denial and not for working withoud valid EAD.
If they had mentioned both than I would have just reapplied I-485 and not spend the time and money for MTR.
Also if I will have to reapply I will have to pay the fee for I-485 and The supplement A fee again....that is really unfair of them.

Please advise....
 
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