Am I Being Paranoid ?

[MrPinkman 0]

I was just wondering, does USCIS issue removal proceedings or Notices to Appear for denied EAD's ? Cause my denial letter from a year ago reads as follows :

... Your application is denied. You may not appeal this denial. You may submit a motion to re-open or reconsider within 30 days of receiving this letter. By filing a motion, you ask USCIS to re-examine or reconsider its decision. You must state new facts accompanied by evidence establishing that the decision to deny was wrong.

We regret the impact this decision may have on you. We invite you to submit another application with the required evidence and the proper fee during the appropriate time.

Sincerely,

Nebraska Service Center ...

Is this a "final" decision ? I was denied an EAD because of late submission of my OPT (by 1 day). But I needed to know if there's a way to find out if a letter was issued for a removal or a NTA so I don't waste my money ? Can i call USCIS & give them the case number so they'll tell me if any action was made AFTER the denial was sent ?

I'm just playing safe. I have my AOS packet ready to be sent, but just want to know if it were common to issue removals for denied EAD'S ?

Do let me know ... Thanks

[canadian_wife 1,822]

Well, OPT is an extension of an F-1 visa, it isn't simply a denial of an EAD, it is also a termination of your F-1 status.

Send the petition now, so it does not look like you applied becuase removal proceedings were started. Call the DSO at your school to see if SEVIS has been terminated.

good luck

[CC90 90]

There shouldn't be an NTA issued in this case. Denial of OPT for that reason does not affect your still valid status (assuming you're still in school).

There's no reason to issue an NTA, and it would state explicitly that you will get an NTA. Even if you did, it won't affect your AOS case.

[canadian_wife 1,822]

There shouldn't be an NTA issued in this case. Denial of OPT for that reason does not affect your still valid status (assuming you're still in school).

There's no reason to issue an NTA, and it would state explicitly that you will get an NTA. Even if you did, it won't affect your AOS case.

Excellent point, I assumed that, like me, the OP was doing OPT after his studies.

OP are you still in school or are you finished?

[MrPinkman 0]

I'm no longer in school. I graduated & applied for OPT, THEN the EAD application got denied so i know for a fact that my SEVIS record was terminated. Does the termination of my SEVIS record have anything to do with AOS ? I mean I've fallen out of status but just wanted to make there was nothing existing that would cause an instant denial of my AOS.