Revoked 140

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02-21-2014, 10:23 PM
vrk1791

Revoked 140

Hi Guru's

My I-485 got erroneously denied in 03/26/2013 by USCIS after my previous employer revoked my I-140, at that time I already got EAD/AP combo card extension for 2 years (04/12/2013 to 04/11/2015), then I applied MTR and got re-opened around 5 weeks and stopped working during these period. Once I-485 back to pending status started working with existing EAD card (04/12/2013 to 04/11/2015). I am planning to go to India, do you see any problem at port of entry ? since I have not re-applied/re-instated EAD/AP card after my I-485 back to pending (not sure how it works) ?

Recently I renewed my DL also with existing EAD card, your inputs highly appreciated.
02-22-2014, 08:48 AM
qesehmk

vrk - welcome to forum and sorry that you had to go through this. I am not sure if there is a thing called reinstating of EAD/AP. I would be less worried about EAD and more about AP. You may want to call USCIS and ask them whether AP was revoked or was it good to go. Better yet - visit a local USCIS offer. That might be faster than trying to get info over the phone. While in person - it might be a good idea if the USCIS can provide you anything that will validate the existing AP. Even an email to you would be great.

Quote:

Originally Posted by vrk1791

Hi Guru's

My I-485 got erroneously denied in 03/26/2013 by USCIS after my previous employer revoked my I-140, at that time I already got EAD/AP combo card extension for 2 years (04/12/2013 to 04/11/2015), then I applied MTR and got re-opened around 5 weeks and stopped working during these period. Once I-485 back to pending status started working with existing EAD card (04/12/2013 to 04/11/2015). I am planning to go to India, do you see any problem at port of entry ? since I have not re-applied/re-instated EAD/AP card after my I-485 back to pending (not sure how it works) ?

Recently I renewed my DL also with existing EAD card, your inputs highly appreciated.
02-22-2014, 11:09 AM
vrk1791

Thank you Q for your detailed response and helping others who need an advice.....Kudos.

Since my PD is 10-Jan-2010 (EB2I category), I got a combo card which has EAD and AP(no separate AP), not sure how one may be valid other may not. I have consulted an attorney and below is his response

"If your I-485 was reinstated, then technically associated EAD/AP documents (which are still valid) should continue to be valid. It is hard for me to tell you with certainty whether or not there may be a problem at the port of entry - but if your AP is valid and the I-485 is considered pending you should be able to travel back and enter the US as parolee."

Any thoughts ?
02-23-2014, 10:01 PM
gcq

Quote:

Originally Posted by qesehmk

vrk - welcome to forum and sorry that you had to go through this. I am not sure if there is a thing called reinstating of EAD/AP. I would be less worried about EAD and more about AP. You may want to call USCIS and ask them whether AP was revoked or was it good to go. Better yet - visit a local USCIS offer. That might be faster than trying to get info over the phone. While in person - it might be a good idea if the USCIS can provide you anything that will validate the existing AP. Even an email to you would be great.

Q,

I should say I am a lot skeptical of USCIS officers after my recent experience with a local USCIS officer. I needed an urgent AP ( not very critical). The IO at local office informed me they don't do these kind of stuff. But the IO very "kindly" advised me that I could take risk and leave the country without AP. As per this IO, the only risk was my AP application which is pending maybe denied and I may not be able to return to US.

The lowly applicant (myself) had to remind this IO, that there is a much greater risk, that is a guaranteed denial of my I-485 application. So I am a lot skeptical about the knowledge of these IOs. IMO it is better for OP to consult a very reputed lawyer like murthy, Rajesh khanna or Ron Gotcher.
02-24-2014, 08:03 AM
qesehmk

Thanks gcq. I wouldn't disagree. Sometimes people are incompetent or they show their own biases or both.

Quote:

Originally Posted by gcq

Q,

I should say I am a lot skeptical of USCIS officers after my recent experience with a local USCIS officer. I needed an urgent AP ( not very critical). The IO at local office informed me they don't do these kind of stuff. But the IO very "kindly" advised me that I could take risk and leave the country without AP. As per this IO, the only risk was my AP application which is pending maybe denied and I may not be able to return to US.

The lowly applicant (myself) had to remind this IO, that there is a much greater risk, that is a guaranteed denial of my I-485 application. So I am a lot skeptical about the knowledge of these IOs. IMO it is better for OP to consult a very reputed lawyer like murthy, Rajesh khanna or Ron Gotcher.