Green Card Application ----- Deliema, Please help

Triple Citizen said:
If the I-485, on which this EAD was based, has been denied, you should not be using this EAD I believe.
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That used to be the common belief, but a conference of AILA and USCIS discussed this issue and explained that the EAD remains valid beyond the I-485 denial, unless USCIS explicitly cancels it or it expires or a Notice to Appear has been served.

However, the individual still would be in the US illegally and can be deported. Perhaps the only practical consequence of the ongoing EAD validity is that the employer is not forced to fire them or refuse employment while the EAD remains uncancelled and unexpired and no NTA has been served.
 
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immbie said:
If you appeal, they will send you the 2nd interview notice? I thought within that 30 days, they will make decision by whether or not to approve or send you a 2nd interview notice?
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Immi,

His denial was in February 2010, unless you can find 30 days between February and September, what you are proposing is a mute point...lol!!! The denial was outright, no opportunity to come back for a second interview, which I believe can be given based on discretion by the IO. Unfortunately, the IO was convinced they wouldn't be able to produce the necessary evidence to sway him or her.

What I am concerned about for the OP, is it possible he was placed in the removal proceeding unbeknown to him? USCIS would have been forced to send him the notice to appear before a judge, wouldn't they? Just a thought...
 
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