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USCIS Denying
My EAD Application Because of the Form I-485 RFE? |
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USCIS Denying
My EAD Application Because of the Form I-485 RFE? |
| Hi
William: Two weeks ago, I submitted an EAD application based on pending Form I-485 application. Now I got an Request For Evidence (RFE) request for evidence of my employment and my salary. Since my employer's business is not really good at this time, is it possible for USCIS to deny my EAD application because of the Form I-485 RFE? Answer: The EAD (Work Permit) is a valuable benefit, providing flexibility in employment options. It is often assumed that there are restrictions or requirements that do not exist with the EAD. An EAD denial for an I-485-based EAD is not common. Typically, a denial is issued if the I-485 is approved while the EAD is pending. In such an instance, the applicant is granted permanent residence and is no longer in need of or eligible for the EAD. A denial can also occur if an RFE is issued and there is not a timely or complete response. An EAD can also be denied if the underlying I-485 is denied before the EAD is issued. If an EAD is denied, the applicant is notified in writing of the decision and the reasons for the denial. There is no appeal of the denial; however, the applicant may submit a motion to reopen or a motion to reconsider, if there is a basis for such a request. Otherwise, it may be possible to refile the EAD. |
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