cdc7 asked:
I applied to renew my EAD before the I485 denial. Would CIS process the application after I file the motion to reopen? Or I should send the application again. From my file on line, they didn't show any information of denial. My EAD LUD was after the denial letter was sent to me.
Proposed answer:
USCIS would not likely process your EAD automatically after you filed your MOR.
If I were u: I would do the following:
Making a written request with USCIS by
1. Sending the following documents:
--Copy of the MOR Receipt,
--copy of 765 receipt (pending /filed /paid)
--copy of I-485 receipt,
--copy of I-140 or 130 receipt,
--a newly filled 765 form to the Center processing 485
2. Requesting: your EAD being processed because of the MOR, or in the alternative, an interim EAD being issued to you if the 765 has been pending for over 90 days.
Note: between a MOR and filing a new 485, I would prefer a MOR because pending 765 was based on denied 485. A new 485,means a new 765,and a new fee of 180.Although EAD might be issued quickly, the EAD would be valid from the last expiry date of the old EAD. If 765 has been pending a couple of months, the new EAD would expire soon.
NOTE: 新EAD rule (effective on October 1, 2006) 要求 advance filing at least 100 days.
Disclaimer: above posting is not a legal advice.