EAD need help

[edwin_dummy]

my i-94 extension just got denied. i'm not on h visa.

my labor is approved.
lawyer preparing to file concurrent I-140/I-485/EAD
my employer also filed for my h visa this april

can i still get EAD even if i'm now out of status?

 

[TheRealCanadian]

can i still get EAD even if i'm now out of status?

Sure.

Is your PD current? What is your status?

 

[nscagony]

You can't file I-485 if you are out of status. You have to re-enter the US in valid status. If thats anything but H/L/O you should wait 90 days before filing the I-140/I-485, otherwise its clearly that you fraudulently entered the US (with immigrant intent).

 

[whitemimauz3]

Does he have option of invoking 245 (K), check with your attorney

 

[edwin_dummy]

yes, my attorney will use the 245 (k).
thanks,

nscagony, while i appreciate your input,
next time dont give advice if u r not sure what you are talking about.
i just found out that you can file i-485 if out of status less than 180 days (245 k rule).