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About Matt0112

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  • Location Tampa, FL, USA

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  1. I sent it via Fedex to the field office we were supposed to appear in for the interview. I've read they are not accepting in person appointments on 01/19 and 01/20 but they might still be working on cases in a meantime. The worst case scenario they should retrieve my letter on Thursday, my main goal is have somebody see it before they send any no-show info to the national center.
  2. Thanks, I called them this AM and their Infopass line was opened. They told me they can't reschedule over the phone because it's past the interview time already. They advised to type a letter of explanation, attach it to the interview notice and send it over to the local field office. I sent it overnight today so they get it tomorrow and we will wait what happens next. I'll keep you posted in case somebody else has a similar issue in the future. Also I spoke to an immigration attorney today who gave me couple of additional ideas on how to deal with uscis to have them respond faster: 1. Contact my local congressional representative and they can follow up with uscis on my case. 2. Open a case with USCIS Ombudsman https://www.dhs.gov/topic/cis-ombudsman .
  3. I agree but my understanding is that there is a reason why they give you a timeframe to appeal your I485 denial. What he says just doesn't make a lot of sense to me. Let's say they denied it last Friday 01/15 and we will receive a letter sometime next week. That would mean my wife already worked one week illegally without being notified so she can make an informed decision about her employment and legal status here going forward.
  4. Thanks for the reply. I read some comments underneath and it looks like the denial has to specify what happens to the EAD, it doesn't seem like it's just voided automatically. Which would make sense, they have to give people certain amount of time to act of those things. "My i-485 got denied and they pointed out that if i don’t appeal the decision then my EAD would be revoked. We sent the appeal and received the notice. And i am guessing my EAD was not revoked. " "Dwight, I’m not convinced that the EAD is automatically terminated upon denial of an I-485, unless the Service specifically takes action to revoke it. In I-485 denials I’ve seen, the Service has made no mention of the revocation of the EAD and I’m not so sure it is automatically revoked in that situation. Do you have authority you are looking at to make that conclusion? The regs provide 3 instances where revocation is “automatic,” and it doesn’t include denial of an I-485. Otherwise, revocation happens after notice of intent to revoke and opportunity to respond. Not saying you are wrong; that just hasn’t been my conclusion before and I’m wondering if you have something to point to? Thanks."
  5. My wife came here in July 2019 on K1 Fiancee Visa, we got married within 90 days and applied for AOS + EAD. Both forms were accepted and she got her EAD in 2020. She started working while waiting for AOS interview. We got an interview notice for Dec 16 2020 but the field office called her on Dec 15 (yes, one day before the interview) and said they have to cancel and will reschedule it. They also said to look for a new notice in a first week on Jan 2021. Nothing came over so we called USCIS on Jan 12 and were told nothing has changed and if we still don't get a notice, call back following Monday. Well, the notice finally got in our mailbox yesterday (Saturday, Jan 16) with an interview date of Jan 14. So we are basically a no show at this point. What's best to do at this point? We want to call USCIS on Monday and explain it but I have a feeling that they won't care and we will have to reapply with new I485 and I130 at this point. I don't think it makes sense to do a case re-consideration, as delayed mailed is probably not a strongest defense out there and again - they won't care. The main question is what happens to her EAD and if she can continue to work in a meantime? Her EAD is valid until 2022 but I believe USCIS can revoke it once they decide to decline out initial I485. If so, do we get notified of it by mail? I just want to make sure she doesn't get in trouble with new I485 if she continues to work. Thank for any feedback on advance.
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