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

Discussion in 'Texas Service Center - H-Visa Issues' started by thinkthird, Aug 21, 2007.

  1. thinkthird

    thinkthird Registered Users (C)

    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. merc7791

    merc7791 New Member

    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.
     
  3. thinkthird

    thinkthird Registered Users (C)

    thank you!
    another question: can I still stay in US legally with denied H1b and pending 485? Am I still in AOS?

     
  4. wantprnow

    wantprnow New Member

    Thinkthird,
    what approach did you take for your scenario? a Friend of mine is in similar situation.

    Appreciate your help!

    Thanks!
     

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