EAD status during appeal.

[lonelypoet]

Hi All,
My I-140 was denied in May this year and I appealed by the end of June. As it was a concurrent filing the I-485 application, EAD all got cancelled along with the denial. The question is when I appealed will EAD get re-instated, or should I apply for that saperately?
Another question I have is, I work for company A and they have my H1 Extended, the GC processing is going through company B. Now If I want to join another company, company C , can I transfer my extended H1 to company C?

 

[SaiGC2004]

not valid

I guess it is not valid now. Can anyone comment on this.

Also if your appeal is approved you may use the same EAD..

 

[lonelypoet]

Ead

mmm, interesting. I have no idea when the appeal is going to be considered. The acceptance date was 06/25/04 and it said that they will take a decision in 30 to 180 days. Looks like there is a lot more cells in hell I need to pass through before I get through with this.

 

[bcis]

don't worry! if you get success in appeal, then INS will issue new EAD again.
if there is is any up date on appeal please post it.

mmm, interesting. I have no idea when the appeal is going to be considered. The acceptance date was 06/25/04 and it said that they will take a decision in 30 to 180 days. Looks like there is a lot more cells in hell I need to pass through before I get through with this.

 

[lonelypoet]

Sure, I will do that. When will that be? mmm we gotta wait 'n' see.
But I did not got any answer for my question of "Can I transfer my extended H1 to another company during an appeal?"

 

[bcis]

Appeal is separate entity. so,You can tansfer....
By the by...How much time left over in 6 year Period.?

what's your RD/ND of Appeal?

Sure, I will do that. When will that be? mmm we gotta wait 'n' see.
But I did not got any answer for my question of "Can I transfer my extended H1 to another company during an appeal?"

 

[kkt_tkk]

To BCIS

Hi,

Your Private message system full.I am trying to send the messages, but your message system full, you have to clear some of the messages.

Thanks

 

[bcis]

I cleared....Now You Can..Thanks...

Hi,

Your Private message system full.I am trying to send the messages, but your message system full, you have to clear some of the messages.

Thanks

 

[bcis]

I replied to ur PM...please send me response...it's intresting....

Hi,

Your Private message system full.I am trying to send the messages, but your message system full, you have to clear some of the messages.

Thanks

 

[rs74]

When I40 is denied you appeal or file MTR.
If your I140 is accepted your EAD/AP shall be re-instated.
You do not get a new EAD/AP with approval.

 

[bcis]

any news on ur 485?

When I40 is denied you appeal or file MTR.
If your I140 is accepted your EAD/AP shall be re-instated.
You do not get a new EAD/AP with approval.

 

[lonelypoet]

BCIS,
There isn't any time remaining in my H1b. It expired in March this year. My H1 holding company extended that visa for another year citing pending I-140 and approved labor certification. I got the visa extended also. Now this H1 holding company is not paying me on time, in the last three months they so far have paid me only for 40 hours they also told me if I find another company I can move on to that company. That is why I asked, is it possible to transfer my extended H1 to a new company. Keep in my the company that holds the H1 is not the company that is sponsoring my Green Card.

 

[acc918]

I140 revoked then I485 denied

I have a similar situation. My I140 revoked and I485 denied in Mar 2004. Filed MTR on Apr 2004. I heard that you can still work using your EAD while no final decision on your MTR is issued. Is this true?

I contacted Congressman's office to help me with MTR and their contact in local bcis informed them that the MTR was heard and approved on May 2004. How come I have not rcvd any notice from bcis? what can i do to get the status of my case? What's funny is on June 2004, I rcvd a notice to go for our 2nd FP and we went, after this our LUD changed from 4/02/04 to 7/28/04, 7/29, & 7/30. All our on line messages remains the same as what it was originally posted even before the denial except for me and my wife's i485 which reads....... On July 2004 the results of your FP review has been received and processing has resumed on your case. We will mail you a decision if further action is needed or when a decision is made. What the hell is this???

 

[lonelypoet]

Good question. I think you need to contact the USCIS through your attorney and clarify the information about the MTR approval. In my opinion your case is currently processed and it will be approved in the next two weeks. And I-485 also will come along with it. This is just my thoughts.