toastytoast33

I am a UK citizen married to a US citizen. I have previously filed for AOS (I-485) but had my application denied for failing to supply the evidence they requested. The petition (I-130) was approved however.

When filing my I-485 I also applied for work authorisation (I-765), but never recieved anything or attended any kind of interview. Now I am reapplying for AOS and am wondering if the original I-765 may still be active or did it terminate when my AOS was denied?

Noorah101

Eligibility for the EAD is based on a correctly filed AOS (not approved, but accepted and in the system). I believe you lost out on the first I-765 because of the I-485 denial, and you'll have to apply for it again with this I-485.

Rene

toastytoast33

So when I file a new I-765, do I need to include a copy of my previous I-765? Question 11 on the form asks about previously filed applications for work authorisation and says "attach all documentation".

Noorah101

Sure, why not, couldn't hurt. Better safe than sorry, in my opinion.

Rene

toastytoast33

I never recieved an approval or denial for the work authorisation, only for the AOS (I-485). I filed the I-765 online and only have a printed confirmation.

janadeen

Ok - so just send that (or a copy of it) and attach a letter explaining.

That's it!

Noorah101

Just send whatever you have that shows you once applied for an EAD.

Rene

toastytoast33

Okay, will do. Thanks

Kat

Your original EAD is invalid due to the denial of your of I-485. When
reapplying for your AOS make sure you reapply for your EAD to have a
current active EAD.

Folinskyinla

Hi:

Excellent question -- arguments can be made either way.

Folinskyinla

Hi Rene:

OP posted an excellent LEGAL question. On what do you base your "belief?"

Folinskyinla

Hi:

What is the basis of the LEGAL conclusion you posit in the first sentence? I'm an experienced lawyer and this is one of those questions that I think can't be answered conclusively -- kind of a grey area IMHO.

Noorah101

I always thought the I-765 was based on a validly filed I-485, and if his was denied, I thought the I-765 would be invalid also.

Of course, I'm not a lawyer, and have no direct experience. My apologies for being so black and white in what seems to be a grey area.

Rene

Rete

You told the OP why she thought the way she did.

Rete

Don't look grey to me from my chair. You need a basis for the eligibility to receive an EAD. The OP has no basis for eligibility because of his denied I-485. Looks black and while from here.