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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4117
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I've applied for a a card which was refused without an

Customer Question

Hello, I've applied for a a green card which was refused without an appeal (based on one piece of missing paperwork despite tons of substantiating evidence). I'm now in the midst of a reconsideration process with USCIS. I work three jobs. I have a legitimate social security number but my work authorization card expired in September. I'm concerned about applying for a new one. Despite entering my three jobs lawfully, I'm worried that the limbo reconsideration period makes my work authorization invalid. Is that so?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: Yes, my application is now under reconsideration in Chicago.
JA: Have you talked to a lawyer yet?
Customer: I have an attorney but the information that she has given me is contradictory, hence this message.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think I covered the basics, thank you.
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 5 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Unfortunately, you are not entitled to a work permit once your I-485 has been denied even if you have reconsideration pending. You can certainly try to apply and you have nothing to lose since there is no fee. I have seen cases here and there where the application slips through to an officer who may not have noticed the I-485 is denied and have approved the work permit. However, legally no you are not entitled to you.

As far as whether you have authorization to work without the permit, legally no, you are not authorized if the permit expired. However, it is up to your employer to ask for the updated information.

Good luck to you and I hope this answer has helped you!

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