I485 pending - EAD expiring

S

ssrg

Registered Users (C)
Hi,
I have my 485 pending and my EAD is to expire in Feb 2004. Currently I m not working. Suppose if 485 gets rejected, how long can I stay here or what should be done in this case.

Till now I haven't travelled out of country and is it necessary that I get the AP. I will not travel for another 3 to 4 months due to personel reasons.

RD NOV 2001
2nd FP SEPT 2003

ssrg
 
Originally posted by ssrg
Hi,
I have my 485 pending and my EAD is to expire in Feb 2004. Currently I m not working. Suppose if 485 gets rejected, how long can I stay here or what should be done in this case.

Till now I haven't travelled out of country and is it necessary that I get the AP. I will not travel for another 3 to 4 months due to personel reasons.

RD NOV 2001
2nd FP SEPT 2003

ssrg
Click to expand...

Plz post full details.

Are u not working temporarily?
Why do u think ur 485 might get rejected?
U would need AP only for travelling. But nowadays AP processing takes 3-4 months, so better to apply now itself, if u plan to travel in the near future.
 
I haven't used the EAD till now as I am doing my Masters. I do not know of any reason for rejection but in case if it gets rejected, what should be done?
ssrg
 
Originally posted by ssrg
I haven't used the EAD till now as I am doing my Masters. I do not know of any reason for rejection but in case if it gets rejected, what should be done?
ssrg
Click to expand...

So, what is ur status currently? F1? GC can be processed even if u r in F1. But if u r in H1 u need to maintain full time employment.

Normally, I485 doesn't get rejected past I140 unless there are criminal offences or if status is not maintained.

There are remedies for the above and also even if rejected u can file Motion to Appeal, during which period u can continue to stay here.

My 2 cents. Hope this clarifies. U still have to provide all the details.
 
Were u on H1 visa earlier? Is ur 485 employment based?
Have u recently converted to student visa from H1? Or continuing Masters on AOS?

What if there is a RFE for employment details?How do you intend to reply to RFE when you do not have a job ?

Post full details so that people reply appropriately.
 
My husband is working on EAD. His H1 expired in Oct 2003 and we have our 485 pending.
ssrg
 
If your husband has a job and is in status you should be OK.
Apply for EAD now and get a extension, you can use it if needed.
There is no harm in having an EAD and not using it.
 
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