Rete

Arguments can be given even if you look up and see a blue sky and someone what to argue with you that it is really pink but for the ozone level, etc.

We are not in a court of law and the OP is better safe then sorry and should IMHO file another I-765 so that he can obtain permission to work.

Folinskyinla

Hi:

Read the regulations at 8 CFR 274a.12(c)(9) -- there is NOTHING in there that says the I-485 has to be "pending" or any similar term.

Crank in the right of "renewal" of the application when and if, DHS gets around to issuing an NTA and filing same with the court. Crank in the fact that DHS has unchallengable discretion when and if to file the NTA. Crank in the fact that there is case authority out there where courts have taken a dim view of attempts to "starve the alien" as a litigation tactic.

If you really want to get into it -- look up "Rivera v Ashcroft" from the 9th Circuit [final decision issued in January 2005 -- earlier ones in 2004] [Google "Anna Ho" to read all about it and the 9th Circuit's problems with the "justice" given by IJ Ho]. They cite with approval of 19-seventy-six case of Yoo v INS which holds INS to "the highest standards in the diligent performance of their duties."

What is "black and white" about it? I agree that CIS will probably take the position you take, but it is NOT "black and white."

Please forgive me, I'm heavily involved in a case where DHS has my client in removal proceedings in order to deny him a green card, they admit they didnt' consider the relevant portion of the law, but they don't have to -- BTW, they want him to "cooperate" with the US Government by engaging in a gross violation of United States law.

toastytoast33

I called the service center this morning and scheduled an appointment for the work authorisation I had filed with my previous AOS. They seemed okay with the situation regarding me having filed it with a previous AOS because I have a current AOS pending.

Noorah101

Now THIS is a confusing statement! You called your service center? Which one? Or do you mean you called the 800 number? You scheduled an appointment for the work authorization? What does that mean? Your previous AOS was denied...aren't you refiling a new one now? How can you have a current AOS pending if you haven't refiled yet?

Rene

toastytoast33

Sorry for the confusion. I called the 800 number to see if I could schedule an appointment for the previously filed I-765. My previous AOS was denied and I have since filed a new AOS and had a NOA.

Noorah101

What appointment? Biometrics for the EAD? In another thread you asked about the new procedure, so it sounds like the 800 number said no, we can't schedule it for you, you need to wait for our appointment letter. Is this correct?

So just to be clear, you refiled the I-485 and got the NOA. You did *not* apply for a new I-765, but are using the old I-765 application you already had in the system?

Just trying to clear up the story.
Rene

toastytoast33

Yes an appointment for biometrics for the EAD. The 800 number scheduled one.

I refiled the I-485 and got the NOA but am trying to use the old I-765.

Noorah101

OK, I understand now. So in your other thread you were only asking about the AOS biometrics/fingerprinting. You're waiting for the appointment letter for that.

You already have your appointment set for getting the EAD biometrics done. What did they ask you to bring in to that appointment? Your previous EAD NOA?

Rene

toastytoast33

I wish I could stay and read your replies but I have to goto work now

Seriously though, i'm rebuilding my PC, so i'm not going to be replying to posts for a while.

Ray

Prioritize ..that the name of the game

scrubbedexpat099

Sounds like he is, but not in the area most of us would.

Ray

And for some ..life strolls thru these pages...........

scrubbedexpat099

That is so profound.

I am going to have to go sit down and ponder.

toastytoast33

Yes, i'm waiting on the appointment for AOS biometrics/fingerprinting.

They asked me to bring the confirmation number they gave me on the phone, my passport, 2 copies of the previous EAD application and 2 copies of the previous EAD NOA.

toastytoast33

Well I probably should have mentioned I was using the PC at my friends house and my PC at home was in bits......not any more though