EAd validity

i'm not so certain but my guess (based on what i know) is that ead is NOT valid once the i-485 is denied. and it could even be illegal to work on invalid EAD's.

Note: please consult your attorney before you make such a decision.
 
Unless revoked by the INS, an EAD remains valid until its expiration, if I-485 is denied you are out of status.
 
I-485 denial

One *does not* go out of status after I-485 denial if he has maintained the non-immigrant status (h1/h4 etc);
 
Re: I-485 denial

Originally posted by ramakriya
One *does not* go out of status after I-485 denial if he has maintained the non-immigrant status (h1/h4 etc);
Click to expand...

If one works using EAD, one has no h1/h4 status.
 
EAD expired and extension in progress

I had posted this earlier:

I saw this link
http://www.murthy.com/UDhed802.html

which says
"If renewal EAD applications are filed before the expiration of the existing EAD, they are supposed to be approved back to the prior expiration date to avoid any lapses in work authorization.
"

So even if EAD renewal does not come through by expiration date, wouldnt we still be authorised to work? Has anyone else heard about this?
 
Re: EAD expired and extension in progress

Originally posted by mkvn
I had posted this earlier:

I saw this link
http://www.murthy.com/UDhed802.html

which says
"If renewal EAD applications are filed before the expiration of the existing EAD, they are supposed to be approved back to the prior expiration date to avoid any lapses in work authorization.
"
Click to expand...

This is certainly not true. My EAD expired on 10/24/02. I applied for renewal on 7/16/02 and this week I got the new EAD valid from 12/04/02 to 12/03/03.
 
Did you have to stop working between October and December? What does that mean if you are currently working, get out of the payroll and back after it gets approved?

Our 485 is 01-297 group. Still waiting and EAD expires this week. It is still not past 90 days since we applied for it.

Any help?
 
EAD not valid...

Hi pads4r,
As per my attorney, if your 485 is denied u r out of status pending appeal. You also loose your EAD validity.

ramakriya,
The question raised by pads4r is about EAD. However, If you have H1 visa valid and you are not working on EAD say, if 485 is denied, then and then only you are NOT OUT OF STATUS until your H1 expires.

mkvn,
I agree with NV2001. Per my attorney, there is no rule as such .

Please check with your attorneys as this EAD/H1/485 business is getting tricky with rules changing every day.My attorney is advising me to file for AP 4 months in advance and EAD at least 5 months in advance.
 
As per my understanding......

Case 1. with valid H1 visa
a. using EAD - There is no question of valid visa if you are using EAD and if your 485 application got deny then it means you are done. Your EAD also gets invalid since EAD is for you to work during AOS since your AOS is done so no question of valid EAD, go home.
b. not using EAD - If you were not using EAD and your AOS got deny then in that case also EAD will get invalid.But still you can work on valid H1 till you have validity of it.
Case 2. No H1 visa
working on EAD and AOS got deny so EAD also gets invalid.

In nut shell
EAD is tied to AOS not matter what you use it or don't use it.
Use of EAD means invalid H1.
 
Originally posted by mkvn
Did you have to stop working between October and December? What does that mean if you are currently working, get out of the payroll and back after it gets approved?

Our 485 is 01-297 group. Still waiting and EAD expires this week. It is still not past 90 days since we applied for it.

Any help?
Click to expand...
Interesting Scenario !!!!!!

I want to know the answer too...???
 
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