Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Immigrant Visa
Click to log in with Facebook
Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 04-21-2009, 01:28 PM
Donor
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
08/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/20/2007
Compare
Join Date: Dec 2007
Posts: 195
Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute
Default IF I485 Denied. Using EAD for work. Can you continue to work while MTR is in process?

If I485 is denied for wrong reason (due to USCIS error), I understand that the applicant and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
__________________

$ Contributor
Texas IV Group member.

About Immigration Voice.http://immigrationvoice.org/index.ph...id=5&Itemid=47
IV in the news.http://immigrationvoice.org/index.ph...d=19&Itemid=27


Contribution till date $600 + Monthly contributions

GC Approved on 5/5/2011

Last edited by Winner; 04-21-2009 at 02:45 PM.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 04-21-2009, 02:37 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 127
Blog Entries: 1
rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of rajenk has much to be proud of
Default

First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

To your question:

1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

2. Opening MTR takes months, if you are lucky then it might be quick.

Now a question to you.

1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

The safe bet:

That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

Just my thoughts, better consult with a lawyer if you are in such a situation.

Good luck.

Raj
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 04-21-2009, 02:44 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute
Default

Quote:
Originally Posted by Winner View Post
If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
__________________
Greened on September 10th, 2010
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 04-21-2009, 03:26 PM
Donor
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
08/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/20/2007
Compare
Join Date: Dec 2007
Posts: 195
Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute
Default

Quote:
Originally Posted by chanduv23 View Post
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
__________________

$ Contributor
Texas IV Group member.

About Immigration Voice.http://immigrationvoice.org/index.ph...id=5&Itemid=47
IV in the news.http://immigrationvoice.org/index.ph...d=19&Itemid=27


Contribution till date $600 + Monthly contributions

GC Approved on 5/5/2011
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 04-21-2009, 04:23 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Oct 2006
Posts: 477
pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute
Default

Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 04-21-2009, 04:39 PM
Donor
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
08/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/20/2007
Compare
Join Date: Dec 2007
Posts: 195
Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute
Default

Thanks.
Quote:
Originally Posted by pd_recapturing View Post
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
Now that is news to me. Can any attorneys confirm this?
__________________

$ Contributor
Texas IV Group member.

About Immigration Voice.http://immigrationvoice.org/index.ph...id=5&Itemid=47
IV in the news.http://immigrationvoice.org/index.ph...d=19&Itemid=27


Contribution till date $600 + Monthly contributions

GC Approved on 5/5/2011
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 04-21-2009, 05:27 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute
Default

Quote:
Originally Posted by pd_recapturing View Post
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.

Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.

But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".

Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.

So what is the status when one files MTR? It is not defined.

Thats exactly why I said " An Attorney will be able to explain"

My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.
__________________
Greened on September 10th, 2010
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 04-23-2009, 01:38 PM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2008
Posts: 68
krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts
Default Be helpful

Quote:
Originally Posted by rajenk View Post
First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

To your question:

1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

2. Opening MTR takes months, if you are lucky then it might be quick.

Now a question to you.

1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

The safe bet:

That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

Just my thoughts, better consult with a lawyer if you are in such a situation.

Good luck.

Raj
Raj,

Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #9 (permalink)  
Old 04-23-2009, 01:46 PM
Donor
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
08/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/20/2007
Compare
Join Date: Dec 2007
Posts: 195
Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute Winner has a reputation beyond repute
Default

Quote:
Originally Posted by krithi View Post
Raj,

Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.


Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.

Please don't start a fight here. Please try to respect each other in public forums.
__________________

$ Contributor
Texas IV Group member.

About Immigration Voice.http://immigrationvoice.org/index.ph...id=5&Itemid=47
IV in the news.http://immigrationvoice.org/index.ph...d=19&Itemid=27


Contribution till date $600 + Monthly contributions

GC Approved on 5/5/2011
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 04-23-2009, 01:55 PM
ganguteli
Guest
Posts: n/a
Default

Quote:
Originally Posted by krithi View Post
Raj,

Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Fake profile alert!!!!!!!!!!!!!!!!!!!!!!!
How did you get your mailing, I140 reciept, approval and RFE date on the same day

About krithi

Will you consider attending the advocacy day or rally in DC in 2009.
No
Would you like to be a Immigration Voice Volunteer
No

Current GC Processing Stage
I-485
Priority Date
Nov-05
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
Texas
Labor Type
Perm
Perm Center
Chicago
Labor Approval Date
11/05/2005
I140-I485 Concurrent Filing
No
I140 Mailed Date
04/06/2006
I140 Filing Type
Regular
I140 USCIS Rcvd Date
04/06/2006
I140 Rcpt Notice Date
04/06/2006
I140 RFE Date
04/06/2006
I140 Approval Date
04/06/2006
July 2007 Filer
Yes
Adjustment of Status Application Type
Adjustment of Status (I-485)
I485 Mailed Date
07/02/2007
I485 USCIS Rcvd Date
07/02/2007
I485 Rcpt Notice Date
08/27/2007
Finger Print Notice Date
09/27/2007
Application Status
Pending
EAD Mailed Date
08/27/2007
EAD Approval Date
08/27/2007
AP Mailed Date
08/27/2007
AP Approval Date
08/27/2007

Last edited by ganguteli; 04-23-2009 at 02:01 PM.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
I485 Denied. What now? amengiv Work/Travel options after 485 : H1 Versus EAD/AP 27 03-02-2010 06:10 PM
EAD denied, i485 pending maceanfin Self-filing, documents, forms, directions, mailing. 4 02-10-2010 10:12 PM
I485 - Denied, Please Help me gcfever2007 Ability to pay issues and other 140 RFEs etc. 19 05-26-2009 12:01 PM
Help! I485 denied... mohitb272 Retrogression, priority dates and Visa bulletins 13 03-21-2008 10:09 AM
I485 denied winniyin Receipt tracker of 485, EAD and AP applications 1 01-16-2008 12:21 PM



All times are GMT -4. The time now is 12:52 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org