EAD after denial

[akatu]

My i-485 has been denied. i am going to file MTR, go to immigration court or federal court; whatevr it takes to revert their decision.

At which poin of apeal i will be able to apply for EAD?

Thank you in advance.

 

[srbose]

Hi Akatu

Did you receive the denial letter by mail or your online message displays your case is denied? You can renew your EAD after getting receipt number of MTR.

 

[akatu]

No message change

LUD changed twice then denial arrived in mail in 10 days.

 

[Rejected]

Akatu

I'm posting from my experience. Pls, consult USCIS or attorney for the correct interpretation of law.
When the motion is pending they won't Extend the EAD. The EAD you had before the denial is still valid unless it is revoked or expired.
In the case of Appeal or judicial review it is different and USCIS may extend the EAD.
They denied my EAD extension when my I290A(motion to reconsider) was pending.

They denied pursuant to Title 8, Code of Regulations, Section 274a.12(c)(9)
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Title 8, Code of Regulations, part 274a.12(c)(9) which states in pertinent part:

Employment authorization shall be granted in increments not exceeding one year during the period the application is pending (including any period when an administrative appeal or judicial review is pending) and shall expire on a specific date.
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Your application to register permanent residence was denied and you are no longer eligible to obtain Employment authorization based on pending I485.
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Note: I don't know whether the law is interpreted the way I thought or the USCIS was not aware that my MTR was pending. MTR was pending already for more than one and half months.

There is no mention about the MTRs in the regulations.

Good Luck...