Roger

Hello Reader,

I just received a letter from INS (Vermont Service Center) saying that my
application for Employment Authorization (I-765) was denied. The reason for that was
that my application for I-765 was based on my I-485 (adjustment to permanent
resident), which the letter said was denied. No reason was given as to why my I-485
was denied by the INS.

My application for Green Card is employment based. My ex-company sponsored my green
card application. My I-485 was filed in June 2001, after going through the medical
check up. I successfully applied for I-130 (advance parole) and I-765 in August 2001,
and have been traveling in and out of USA with a valid Advance Parole (I-130). My
advance parole expires on August 30, 2002.

I had my fingerprinting done on May 27,2002, and I thought I am sure to get the Green
Card from the INS. I was devastated to receive the bad news from the INS. Does anyone
know what went worng with my application? I was laid off by my company in July 2001,
and have not been gainfully employed since then. However, I have started a home-based
business with a network marketing company.

Does anyone have an idea how INS decide on cases like mine? Does anyone know how I
could find out the reason? Has anyone heard of similar cases like mine? What do I do
next? Will an immigration lawyer be helpful in turning the case around?

Thank you in advance for your input.

Disappointed, Roger

Ingo Pakleppa

My guess is that the layoff was to blame. It happened only one month after you filed
the I-485. AC21 does allow you to change jobs while the I-485 is pending, as long as
the processing time is more than six months. You do meet that criteria - but
unfortunately, you probably don't meet the second condition AC21 imposes on you: if
you do change jobs your new job must be in the same field. At this point, you have
two options: either, hire a very good attorney. He could argue that your new job
indeed is in the same field. To be honest, it is a long shot, and can be very
expensive. The second option is to move out of the US.

Ingo

On Wed, 24 Jul 2002 21:02:51 -0700, Roger wrote:

    > Hello Reader,
    >
    > I just received a letter from INS (Vermont Service Center) saying that my
    > application for Employment Authorization (I-765) was denied. The reason for that
    > was that my application for I-765 was based on my I-485 (adjustment to permanent
    > resident), which the letter said was denied. No reason was given as to why my I-485
    > was denied by the INS.
    >
    > My application for Green Card is employment based. My ex-company sponsored my green
    > card application. My I-485 was filed in June 2001, after going through the medical
    > check up. I successfully applied for I-130 (advance parole) and I-765 in August
    > 2001, and have been traveling in and out of USA with a valid Advance Parole
    > (I-130). My advance parole expires on August 30, 2002.
    >
    > I had my fingerprinting done on May 27,2002, and I thought I am sure to get the
    > Green Card from the INS. I was devastated to receive the bad news from the INS.
    > Does anyone know what went worng with my application? I was laid off by my company
    > in July 2001, and have not been gainfully employed since then. However, I have
    > started a home-based business with a network marketing company.
    >
    > Does anyone have an idea how INS decide on cases like mine? Does anyone know how I
    > could find out the reason? Has anyone heard of similar cases like mine? What do I
    > do next? Will an immigration lawyer be helpful in turning the case around?
    >
    > Thank you in advance for your input.
    >
    >
    > Disappointed, Roger

Kerberos

It sounds alittle strange, it seems to me that you were never notfied that your I485
had been denied, and you realized that by the fact that your I765 was denied.

I agree that a probable cause was that you were not working for the company that
sponsored you. But unless you got an RFE for your I485 asking you to submit prove
that you are still working for that company or similar I do not think that was the
cause of your denial.

Find out why your I485 was denied before you take any further action

Sorry to hear that and Good Luck

Ingo Pakleppa <[email protected]> wrote in message
news:<MtN%[email protected]>. ..
    > My guess is that the layoff was to blame. It happened only one month after you
    > filed the I-485. AC21 does allow you to change jobs while the I-485 is pending, as
    > long as the processing time is more than six months. You do meet that criteria -
    > but unfortunately, you probably don't meet the second condition AC21 imposes on
    > you: if you do change jobs your new job must be in the same field. At this point,
    > you have two options: either, hire a very good attorney. He could argue that your
    > new job indeed is in the same field. To be honest, it is a long shot, and can be
    > very expensive. The second option is to move out of the US.
    >
    > Ingo
    >
    > On Wed, 24 Jul 2002 21:02:51 -0700, Roger wrote:
    >
    > > Hello Reader,
    > >
    > > I just received a letter from INS (Vermont Service Center) saying that my
    > > application for Employment Authorization (I-765) was denied. The reason for that
    > > was that my application for I-765 was based on my I-485 (adjustment to permanent
    > > resident), which the letter said was denied. No reason was given as to why my
    > > I-485 was denied by the INS.
    > >
    > > My application for Green Card is employment based. My ex-company sponsored my
    > > green card application. My I-485 was filed in June 2001, after going through the
    > > medical check up. I successfully applied for I-130 (advance parole) and I-765 in
    > > August 2001, and have been traveling in and out of USA with a valid Advance
    > > Parole (I-130). My advance parole expires on August 30, 2002.
    > >
    > > I had my fingerprinting done on May 27,2002, and I thought I am sure to get the
    > > Green Card from the INS. I was devastated to receive the bad news from the INS.
    > > Does anyone know what went worng with my application? I was laid off by my
    > > company in July 2001, and have not been gainfully employed since then. However, I
    > > have started a home-based business with a network marketing company.
    > >
    > > Does anyone have an idea how INS decide on cases like mine? Does anyone know how
    > > I could find out the reason? Has anyone heard of similar cases like mine? What do
    > > I do next? Will an immigration lawyer be helpful in turning the case around?
    > >
    > > Thank you in advance for your input.
    > >
    > >
    > > Disappointed, Roger