EAD/485 status under 140 appeal

I

immimp

Registered Users (C)
Guru's,
Please update me on the following things.

140/485/EAD concurrent filing. 140 rejected.
EAD valid until Dec 05.

What is the status of 485/EAD under I-140 appeal time?
Can I get EAD extension under I-140 appeal time?
Can spouse switched to H4(Holding valid H4) from EAD?
Can I work on EAD in I-140 appeal time and apply PERM?
Once 140 get approved at AAO, Do we need to apply 485 again?

thanks
 
140/485/EAD concurrent filing. 140 rejected.
EAD valid until Dec 05.
>>NO, it isnot valid since once the underlying 140 is denied, the ead/ap becomes invalid.

What is the status of 485/EAD under I-140 appeal time?
It remains pending, one cannot renew EAD until MTR/Appeal makes the 140 reopened/ approved.
Can I get EAD extension under I-140 appeal time?
No, to the best of my understanding, you cannot renew it, until mtr is accepted and your 140 case is reopened/approved.
Can spouse switched to H4(Holding valid H4) from EAD?
Not very sure of the exact process, plss use the "search" function in the forum, i have seen there are lots of examples.
Can I work on EAD in I-140 appeal time and apply PERM?
Your ead becomes invalid since 140 is denied. you would have to transfer/reapply to h1 etc. If you had used ead, then your prior h1 status becomes invalid.So plss consult a lawyer immediately.
Once 140 get approved at AAO, Do we need to apply 485 again?
Consult a good lawyer, try for MTR/MOTIC if it gets accepted you wouldnot have to go through the lengthy process(many months) of getting case transferred to AAO, which has comparitively very less chances of approval.
Search in the forum and other portals, try to get a good attorney, you wouldn't regret the fees compared to the tricky situation you are in. I didnot want to scare you, but just felt that you ought to understand the reality.
Best Wishes
 
Can spouse switched to H4(Holding valid H4) from EAD?

If spouse has valid H4, If EAD becomes Invalid because I-140 denil/MTR, spouse status goes to H4


During MTR of I-140, I believe there is no status to I-485, as If you have not applied AOS( still record will be there ) ... In case I-140 gets approved, they will reopen I-485.

If Your I-140 gets approved at AAO/MTR, you dont have to reapply I-485 ( consult your attorney )
 
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