H4-EAD Denied (new application)


#1

My wife’s I-765, Application for Employment was denied stating “USCIS records shows that you obtained lawful permanent resident status. Therefore, you no longer require employment authorization, and you employment authorization is denied.” “This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or motion to reconsider by completing a Form I-290B”. A motion to reopen must state the new facts to be considered and must be supported by affidavits or other new documentary evidence. A motion to reconsider must show that the decision was legally incorrect according to statute, regulation, and/or precedent decision." I’m on H1-B visa with approved I-140 and my wife has a valid H4 visa. And she not permanent resident. Has anybody faced similar issue? Any help or suggestion would be appreciated


#2

If neither of you are permanent residents yet, you can state this fact in a letter to USCIS requesting them for additional information on grounds for H-4 EAD denial.


#3

Should I just sent them letter for additional information. No I-290B?


#4

The letter accompanies I-290B as cover page