Quick Answer: What If My EAD Is Denied?

What happens to EAD if I 485 is denied?

If the I-485 is denied, then the applicant cannot remain in the U.S.

and will have to leave.

If, however, the applicant does not use the EAD, he/she will be able to retain his/her visa status and remain in the U.S.

for the duration of his/her non-immigrant visa, even if the I-485 application is denied..

Can Opt get denied?

It is unlikely your OPT application will be denied if you avoid errors on your application, but if you do receive a denial, please contact OISSS immediately. You may be able to reapply if there is still time for USCIS to receive your application before your grace period ends.

Does EAD approval Mean Green Card?

Employment Authorization DocumentsWhile this may be the ultimate goal, there are other options available that would allow you to work in the United States until a green card is issued. Employment Authorization Documents (EAD) are granted when an individual has a pending Immigration Petition for Permanent Residence or I-485.

What is the difference between an EAD and a green card?

First, EADs allow immigrants to temporarily work for a specific job, while green card holders become permanent residents of the U.S. Another difference between these two cards is the freedoms allowed. … It takes approximately 7 to 33 months to process a green card application.

Why does EAD take so long?

Requests for EADs, known as I-765s, now account for more than a quarter of all forms USCIS receives. But technological hiccups, staffing shortages, and the pressures of conforming to new immigration policies mean the agency is taking longer and longer to process them.

Can I have 2 EAD cards?

Yes you can have two EAD under two different I-485 eligibility. Also you can ask USCIS to consolidate the I-485s under one filing for AOS under one A# (which should be the case by now). Both EADs will remain valid as long as their underlying conditions remain valid.

What is the next step after getting EAD?

According to USCIS, after you receive your approved EAD from USCIS, you should later receive your Social Security card within another two weeks or so. Again, however, not everyone who is in the U.S. and wishes to work here is eligible for a work permit.

Can I 485 be denied after I 130 is approved?

Answer: If your I-130 was approved but I-485 was denied, the USCIS officer probably determined that you were inadmissible for purposes of adjustment of status or did not meet all requirements for adjustment of status.

Can adjustment of status be denied?

In addition, if you have violated U.S. immigration laws, such as having entered the country illegally, or if you gained entry to the U.S. through willful misrepresentation or fraud, abused the visa process, or violated the terms of and conditions of your visa, your application for adjustment of status could be denied.

Why would opt be denied?

Below are some of the most common reasons applications have been denied: Didn’t mail the application within 30 days of getting the OPT recommendation. Applied more than 90 days before end date of the program of study. Didn’t apply before the 60th day after completion of the program of study.

How many times can you renew EAD?

In most cases, an EAD is issued with a one-year validity period with the option of renewal before its expiration. The number of times permitted for renewal will also depend on each applicant’s status. In some cases, however, an EAD may be issued with a validity period of up to two years.

Does STEM OPT get rejected?

Grace period for STEM OPT extension applicants If your application for a STEM OPT extension is denied during the 180 days, you will receive a 60-day grace period to prepare to depart the U.S., apply for a graduate program, or apply for an adjustment of status to a different nonimmigrant visa.

Can you appeal a denied I 485?

Getting any application denied by USCIS can be heartbreaking. One option is to file a Motion to Reconsider or a Motion to Reopen with USCIS. … Alternatively, you can request a review from USCIS’s Administrative Appeals Office (AAO).

Does EAD get rejected?

An EAD denial for an I-485-based EAD is not common. Typically, a denial is issued if the individual’s 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.

Can I apply for SSN with EAD approval notice?

If USCIS approves your application, you will receive two documents – your Employment Authorization Document (EAD), also known as the “USCIS I-766 card” or “work permit”, and in another envelope your SSN card. … You should receive your SSN card no later than 7 business days after you receive your EAD from USCIS.

How long does it take for EAD to be approved?

60-90 daysIt usually takes 60-90 days to process and approve EAD application after you have submitted RFE response to USCIS. The count starts from day USCIS receives your RFE response.

Can you appeal a green card denial?

In most situations, there is no appeal after a denial. If the law allows you to appeal, you can ask USCIS’s Administrative Appeals Office (AAO) to look at your case and see whether the USCIS officer wrongly denied your green card. There will be a fee and a deadline for filing the appeal—don’t miss it.

What can I do after opt denial?

What to Do if your OPT STEM Extention is Denied. For those students granted the 60 grace period, there are a few options. The first option is to return home or leave the U.S. Once you’ve completed your studies and OPT has run out, you will have 60 days to make arrangements depart the U.S. and travel within its borders.

How do I know if my EAD is approved?

It can take a few months to get the EAD approved. Using the receipt number, you can track your case status. Alternatively, you can also call the National Customer Service Center at (800) 375-5283. Once your petition is approved, USCIS will send you a plastic EAD card.

Can I leave us while waiting for EAD?

Summary of Guidance. Students who have an EAD card for post-completion OPT and evidence of either a job or a job offer are allowed to leave and re-enter the U.S. during their OPT period. … While your OPT application is pending, you are not required to have a job or a job offer for re-entry to the U.S.

How long is green card EAD valid?

one yearHow Long Does GC EAD Last for? Once you receive your GC EAD and begin working it is typically valid for one year. You must renew your EAD within 180 days of expiring, otherwise after the expiration date you will no longer be legally permitted to work in the US.