!!!Guru Help!!!: H1B Extension Denied; 485 Pending; No EAD

thinkthird

Registered Users (C)
#1
Today (08/21/2007) I checked my H1B online status and found forlowing new information:

************************************************** *****
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: We mailed you a decision.

On August 21, 2007, we mailed you a decision on your I129, PETITION FOR A NONIMMIGRANT WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.
************************************************** ****

I thought it was an approval notice at first, but to confirm it I called USCIS. Terrible news: my H1B extension was denied!

My first 3-year H1b expired on April 30th, 2007. I mailed extension application very late and receipt date was May 3, 2007, i.e., a 3-day gap.

I submitted my 485 on June 1st 2007 without applying EAD card. My 485 is EB2 and my priority date is 2005. I supposed that my H1b extension should be very smooth, since I have stayed in the same company and kept the same job as before. I got my AP two weeks ago.

But my H1b extension has been rejected!

The detailed reason is not clear because the mail is still on the way.

I am very anxious!

Here is my question:
1. Should I start my EAD application ASAP? Is it helpful to get the EAD.
2. Will my 485 be rejected due to failure in H1b extension?
3. Can I still work before I get EAD?

Anybody has any relevant experience?

Thank you all and good luck in your H1b and green card.

I will keep updated.
 
#2
Sorry to hear about the H1 denial. You cannot work without a work permit which would either be a EAD or H1. Your best bet would be to apply for a EAD at the earliest.
 

thinkthird

Registered Users (C)
#3
thank you!
another question: can I still stay in US legally with denied H1b and pending 485? Am I still in AOS?

Sorry to hear about the H1 denial. You cannot work without a work permit which would either be a EAD or H1. Your best bet would be to apply for a EAD at the earliest.
 
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