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EAD denied . Please Help!!!
Hello! Please help me to understand how to proceed in this situation.
My husband applied for AOS Employment based and I applied as his derivative. We also applied for EAD. My I 765 applications was denied (Texas Center) and my husband has not received any notifications about his I765 (NBC). Nevertheless, the letter that I got from USCIS explains as followed:
"A review of your applications and USCIS records did not establish that your spouse, YYYY , is eligible for employment authorization under 8 CFR 274a. 12 (c)(35), which forms the basis for your employment authorizations under the (c)(36) eligibility category. Therefore, you are not eligible for employment authorization as the spouse of a principal beneficiary granted authorization under 8CFR 204.5(p)(1) and 274a.12(c)(35)."
From this, we understand that my husband's I765 will be also denied, and that we made a mistake when we filed the applications and we chose the incorrect eligibility category (A lawyer told as to choose the one mentioned in the letter).
- Does any one know what is the correct category? (My husband applied for I485, Employment based, I 140 approved in November 2018, his H1B expires in July and can’t be renewed because hi has had H1B for 6 years)
- How can we correct the mistake in our applications? Do we have to open a motion or apply again?
Thanks in advance for your help.
My husband applied for AOS Employment based and I applied as his derivative. We also applied for EAD. My I 765 applications was denied (Texas Center) and my husband has not received any notifications about his I765 (NBC). Nevertheless, the letter that I got from USCIS explains as followed:
"A review of your applications and USCIS records did not establish that your spouse, YYYY , is eligible for employment authorization under 8 CFR 274a. 12 (c)(35), which forms the basis for your employment authorizations under the (c)(36) eligibility category. Therefore, you are not eligible for employment authorization as the spouse of a principal beneficiary granted authorization under 8CFR 204.5(p)(1) and 274a.12(c)(35)."
From this, we understand that my husband's I765 will be also denied, and that we made a mistake when we filed the applications and we chose the incorrect eligibility category (A lawyer told as to choose the one mentioned in the letter).
- Does any one know what is the correct category? (My husband applied for I485, Employment based, I 140 approved in November 2018, his H1B expires in July and can’t be renewed because hi has had H1B for 6 years)
- How can we correct the mistake in our applications? Do we have to open a motion or apply again?
Thanks in advance for your help.
All Replies (12)
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