EAD denied :(

[dischordinary 0]

Hi everyone,

I just found out today that my EAD was denied and I'm pissed off to put it lightly. I did not yet receive the letter so I don't know why. I had my fingerprints taken and nobody asked me to pay a fee, do you think that might be one of the reasons? Also my husband and I (I'm on a k1 visa) think that it might have been denied because I filed for EAD BEFORE filing for green card.

Did anyone have a similar experience? What can I do now? Should wait until I get my green card and then try again?

[Merrytooth 5,748]

If you file for EAD alone before you file AOS, then you have to include the EAD filing fee.

Once you have the green card, you do not need the EAD anymore.

[dischordinary 0]

I paid for it, of course I did. I paid for my green card application too.

What I meant was nobody asked me for the $85 fee for fingerprints.

I feel like I've been pumping money into this country and not getting anything in return.

Edited October 14, 2014 by dischordinary

[belinda63 2,981]

It was denied because he is no longer eligible for a stand-alone EAD. He is only eligible until his I-94 expires. He becomes eligible again when he files concurrently with or after filing for AOS.

[icv21 110]

What do you mean nobody asked you for the $85????? You pay it when you pay I-485, the instructions say it.

[Pinkrlion 2,607]

If you did not pay 1070.00 for AOS, then it was rejected, and youdo not qualify for EAD based on AOS.

[belinda63 2,981]

She sent the EAD application prior to filing for AOS.

[Ian H. 207]

I agree with belinda63, the EAD can technically be filed before AOS, but it would only be valid until the I-94 expires. Since the EAD application wouldn't be approved in this time, by the time they get to it, they have to deny it. It's free to file with the AOS app. So you can resubmit it with a copy of the NOA1 for the AOS. If you haven't filed AOS, you can send it with that AOS package.

[Darnell 8,478]

triage?

1. send I765 along with I-485? yes? no?

2. basis of EAD filing [question on the form] - you put what?

3. have I-797 formletter, receipt of I-485 filing? make photocopy, send off with I-765 again and include a cover letter explaining what you are doing

[Boiler 43,438]

OP entered in June so EAD would have expired in September and we are in October.

Seems logical?

[TBoneTX 43,059]

*** Thread moved from "Working & Traveling" forum to the main "AOS from Family-Based Visas" forum -- topic is a procedure relating to AOS. ***

[raven52 233]

Has something to do with the fees you paid.,..,.,I am pretty sure!

[bahamamama234 25]

EAD has a fee when non applied together with I-485 package, I am pretty sure that was the issue

when you apply for I-485 adjustment of status application, you gotta apply for an EAD again and this time don't forget the fee. will be 1070 total for I-485 application, with the biometrics fee included is altogether 1070. make sure you already filed the I-130 before it or that you file concurrent, if you did not yet, you file the I-130 and pay the I-130 fee as well, in a separate money order or check

Edited October 15, 2014 by Jabuticaba 1

[Ian H. 207]

They are doing AOS based on a K1 visa and an I-130 isn't submitted. The only fee is $1070 for the I-485.

EAD has a fee when non applied together with I-485 package, I am pretty sure that was the issue

when you apply for I-485 adjustment of status application, you gotta apply for an EAD again and this time don't forget the fee. will be 1070 total for I-485 application, with the biometrics fee included is altogether 1070. make sure you already filed the I-130 before it or that you file concurrent, if you did not yet, you file the I-130 and pay the I-130 fee as well, in a separate money order or check

[nobbie 105]

See what the letter says. Most likely you ought to do another 765 and send it off with a copy of your 797 receipt for aos, if you paid the $1070 for aos you should be alright, and while your about it you ought to file for AP if you did not already do so.