EAD denied :(

[Mark88 183]

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

Welcome to the US. This isn't Europe anymore

[Zedayn 485]

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.

You do not pay the biometrics fee with the I-765. All you pay is the filing fee of $380 if filing before your AOS.

If you were denied, it is likely that denial is because your I-94 is expired. The EAD you applied for is only valid until the expiration in your I-94.

[trekkypj 13]

To the OP:

First off, welcome to the grand adventure that is applying for adjustment of status.

I'm adjusting from a K1 visa also and recently received my EAD card, but am still waiting for my Green Card.

As other posters have said, the most likely reason for you to receive the rejection is because you filed the EAD *before* you applied for AOS.

The best way to apply is to apply at the same time or after you file for adjustment of status - and it will not cost anything extra.

I can understand the frustration you must feel, but please do not let it get you down.

I suggest you do the following:

1. Re-file for an employment authorisation document based on your pending AOS application. I recommend you do so as soon as possible. As you have an AOS application pending there is no fee for those adjusting from a K1 visa.
2. You should have received a Form I-797C - Notice of Action confirming receipt of the adjustment of status application and the fees you have paid - include a photocopy of this notice with your application as proof you have an application for a green card pending. This will ensure that you don't end up paying for the application. If you have not received it yet, wait until it arrives and then file.
3. Before filing, look at the VisaJourney guide for completing the form for AOS(K1) applicants. http://www.visajourney.com/content/k1k3ead - I found it really helpful especially in listing the documents which should be filed.
4. On the form, be sure and fill in the category question as ( c ) ( 9 ) - adjustment applicant.

Best of luck!

Edited October 15, 2014 by trekkypj

[Caryh 5,206]

You do not pay the biometrics fee with the I-765. All you pay is the filing fee of $380 if filing before your AOS.

If you were denied, it is likely that denial is because your I-94 is expired. The EAD you applied for is only valid until the expiration in your I-94.

There was a person not too long back who applied based on the I-94 for a K-1 and had a 1 year expiration date on the EAD. I'm assuming an error in her favor, as its not common to apply for on the I-94, and its supposed to expire with the I-94.

If the EAD based on the I-94 is not adjudicated before the I-94 expires, the EAD will be denied.

[Boiler 43,425]

Some people do apply for EAD based on K1, but most do not. I think the OP is confused about the process, she mentions GC and there is of course no need for EAD once she has GC.

[dischordinary 0]

First of all,thank you very much for your advice and support, especially trekkypj, you helped a lot!

Second of all, my notice finally came in the mail. It says I exceeded the 90 day period after entering the country. They included Form I-290B, notice of appeal or motion. Should I file that or just redo my EAD application? With my AOS receipt of course.

[Boiler 43,425]

They denied it correctly, what would the basis of an appeal?

[kitthekat 1,317]

Just redo the EAD application form , using the guide here on VJ: http://www.visajourney.com/examples/INS-Form-I-765.pdf, and send it in with your I-485 receipt (NOA1). The fees for EAD will be waived.

There is not much point in appealing as they correctly denied the EAD on the basis that your I-94 was expired by that time.

[trekkypj 13]

First of all,thank you very much for your advice and support, especially trekkypj, you helped a lot!

Second of all, my notice finally came in the mail. It says I exceeded the 90 day period after entering the country. They included Form I-290B, notice of appeal or motion. Should I file that or just redo my EAD application? With my AOS receipt of course.

Best thing is to do a fresh EAD application enclosing a copy of the AOS receipt. There's no benefit in trying to reopen the rejected application.

[Zedayn 485]

Refile for the EAD based as an adjustment applicant...category C9. Include a copy of your AOS NOA1 with your application.

[dischordinary 0]

Thank you guys! That's really good news

[Caryh 5,206]

First of all,thank you very much for your advice and support, especially trekkypj, you helped a lot!

Second of all, my notice finally came in the mail. It says I exceeded the 90 day period after entering the country. They included Form I-290B, notice of appeal or motion. Should I file that or just redo my EAD application? With my AOS receipt of course.

You'll be all set then. And there's no fee for the EAD application when you include the AOS NOA1. You might want to include the AP application at the same time, just in case you need to leave the country before the green card arrives. Its also free

Edited October 17, 2014 by Caryh

[Darnell 8,478]

triage over ? OK ! yay !