Please help- DENIED Employment Authorization
Oct 15th 2008, 4:10 pm
#31
Concierge
Joined: Apr 2001
Posts: 46,410
Re: Please help- DENIED Employment Authorization
Remember when he completes the new I-765 for the one year EAD he has never had an EAD before. Do not, I repeat, do not, mark that he is sending for a renewal of an EAD. Believe it is (c)(9).
And please, do not get uppity with me. I understand your frustration. There was no reason for your somewhat nasty reply to me earlier about knowing how to count. You came with a question and I was the first to realize what the problem was. We are here to help.
And please, do not get uppity with me. I understand your frustration. There was no reason for your somewhat nasty reply to me earlier about knowing how to count. You came with a question and I was the first to realize what the problem was. We are here to help.
Last edited by Rete; Oct 15th 2008 at 4:13 pm.
Oct 15th 2008, 4:11 pm
#32
Lost in BE Cyberspace
Joined: Oct 2003
Location: Avon Lake, OH
Posts: 5,270
Oct 15th 2008, 4:14 pm
#33
Lost in BE Cyberspace
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Re: Please help- DENIED Employment Authorization
I've never heard the term 'emergency exits' before. You've already paid for the I-131 with your AOS fee. Once you have the I-131, you can use it for whatever reason you want. It does not have to be for emergencies, it can simply be going back to the UK for Christmas.
Oct 15th 2008, 4:15 pm
#34
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Please help- DENIED Employment Authorization
Sometimes I do see it through a newcomers eyes and what she says is reasonable in a way.. there is too much 'secret insider info' to successfully completing this process.
I'll be very interested to read the results of your arguments! I know you've been passionate about this one for a long time, and what a boon it would be to K-1s if things went back to The Good Old Days!
I'll be very interested to read the results of your arguments! I know you've been passionate about this one for a long time, and what a boon it would be to K-1s if things went back to The Good Old Days!
I've read to the end of the thread. I'm glad that OP got the idea that she can submit a new I-765 with no fee provided she has proof of filing of the I-485.
I know it is contrary to the consensus in this forum, I advise filing on-line at www.uscis.gov and when the biometrics appointment letter is received, do not wait until the appointment date to have them taken [the worst the ASC can do is refuse to take you "early" -- as long as there is no long line, they have no problem as a general rule].
I have the utmost sympathy for the OP -- however I will admit being amused at her reference to CBP inspectors as "professionals." But I digress.
At least the cost of her lesson that believing the statements of a government functionary is at one own's risk was only $340. The case that went to the Supreme court cost a lot more.
Oct 15th 2008, 4:15 pm
#35
Concierge
Joined: Apr 2001
Posts: 46,410
Re: Please help- DENIED Employment Authorization
I've never heard the term 'emergency exits' before. You've already paid for the I-131 with your AOS fee. Once you have the I-131, you can use it for whatever reason you want. It does not have to be for emergencies, it can simply be going back to the UK for Christmas.
Again, in years past, it was to only be used for emergencies. Today because AOS takes so long to be adjudicated, it can be used for pleasure, business or whatever. There were never was a rule about only 3 uses.
Oct 15th 2008, 4:21 pm
#36
Joined: Apr 2002
Posts: 35,082
Re: Please help- DENIED Employment Authorization
I know it is contrary to the consensus in this forum, I advise filing on-line at www.uscis.gov and when the biometrics appointment letter is received, do not wait until the appointment date to have them taken [the worst the ASC can do is refuse to take you "early" -- as long as there is no long line, they have no problem as a general rule].
Oct 15th 2008, 4:22 pm
#37
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Please help- DENIED Employment Authorization
Hi:
On top of it, the regulations governing employment authorization of K-1's are badly written and are confusing. Although the regulations were issued in 1987, no one has ever gotten around to correcting them -- once promulgated, the administrative process for amending regulations is, to put it mildly, a pain-in-the-ass for the involved agencies. And then crank in the politically popular "anti-regulation" sentiment, it is even worse.
The regulations for K-1's are somewhat ambiguous and I think the JFK people have it right both legally and as a practical matter. But JFK is the only airport that does this.
[BTW, if anybody makes political moves, be careful -- you might end up with JFK conforming to everybody else! Also, don't go the CIS ombudsman -- the airports are in the jurisdiction of a different agency -- CBP. And the employer sanctions end of things are in the province of ICE].
On top of it, the regulations governing employment authorization of K-1's are badly written and are confusing. Although the regulations were issued in 1987, no one has ever gotten around to correcting them -- once promulgated, the administrative process for amending regulations is, to put it mildly, a pain-in-the-ass for the involved agencies. And then crank in the politically popular "anti-regulation" sentiment, it is even worse.
The regulations for K-1's are somewhat ambiguous and I think the JFK people have it right both legally and as a practical matter. But JFK is the only airport that does this.
[BTW, if anybody makes political moves, be careful -- you might end up with JFK conforming to everybody else! Also, don't go the CIS ombudsman -- the airports are in the jurisdiction of a different agency -- CBP. And the employer sanctions end of things are in the province of ICE].
Oct 15th 2008, 5:19 pm
#38
Just Joined
Thread Starter
Joined: Oct 2008
Posts: 19
Re: Please help- DENIED Employment Authorization
Remember when he completes the new I-765 for the one year EAD he has never had an EAD before. Do not, I repeat, do not, mark that he is sending for a renewal of an EAD. Believe it is (c)(9).
And please, do not get uppity with me. I understand your frustration. There was no reason for your somewhat nasty reply to me earlier about knowing how to count. You came with a question and I was the first to realize what the problem was. We are here to help.
And please, do not get uppity with me. I understand your frustration. There was no reason for your somewhat nasty reply to me earlier about knowing how to count. You came with a question and I was the first to realize what the problem was. We are here to help.
I do apologize. I was upset but not a you and I let teh situation control me rather than vice versa. I am very appreciative!
Oct 15th 2008, 5:24 pm
#39
Forum Regular
Joined: Mar 2008
Location: UK then Chicago
Posts: 247
Re: Please help- DENIED Employment Authorization
[BTW, if anybody makes political moves, be careful -- you might end up with JFK conforming to everybody else! Also, don't go the CIS ombudsman -- the airports are in the jurisdiction of a different agency -- CBP. And the employer sanctions end of things are in the province of ICE].
Oh and to add....a helpful CBP agent told me I could get file for a K1 visa and get it within a week!
Oct 15th 2008, 5:25 pm
#41
Just Joined
Thread Starter
Joined: Oct 2008
Posts: 19
Re: Please help- DENIED Employment Authorization
Again, my apologies Rete. I was out of line and upset. Please except my apologies!
Oct 15th 2008, 5:27 pm
#42
Just Joined
Thread Starter
Joined: Oct 2008
Posts: 19
Re: Please help- DENIED Employment Authorization
I know in the general immigration forum there are mixed feelings on the e-filing, but I don't remember reading much in here. This might be a good time for the OP to give the e-filing a try and report back to us. I can't imagine the results being any worse than the paper filing (especially in a case where the filing is now split up like this).. paper filing being a solid 90+ days to document receipt.
Oct 15th 2008, 5:28 pm
#43
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Please help- DENIED Employment Authorization
Oct 15th 2008, 6:25 pm
#45
Joined: Apr 2002
Posts: 35,082
Re: Please help- DENIED Employment Authorization
Worry about others later on; they are not impacting your situation in the least right now.