Is EAD valid after a 485 is denied

U

USER12345

Registered Users (C)
Hi
If a person has their 485 denied , can they stay in the US until the date of expiry on the EAD ?

Example
EAD issued on Jan 1 2003 with 12 month validity . 485 denied March 1 2003 . Can the individual stay until dec 31 2003, the last day of validty of the EAD ?


thanks
 
if your I-485 application is denied, you can no longer stay in the U.S. and have to leave the U.S
 
No. I-485 denial invalidates underlying EAD. That is the reason, many attornies advise to keep using H1B/L1 during AOS. Thanks.
 
485 denial is not a cause for immediate departure from the US. If you have an underlying H1, then you can switch to your H1 and stay for whatever time it is valid for, while you appeal the denial of AOS.

But once AOS is denied your EAD dies with it! EAD is just a temporary succor while your AOS is pending, without AOS it has no meaning!
 
The worst case is if you abandoned your H1 status while in AOS and 485 was denied. then you really have to go. Otherwise stay on H1.
 
thanks for the responses , especially Tasse. I think the answer is clear.

To the person who asked " what is the reason for denial" .The answer is that there has not been a denial it is just a speculative question.


Reason is that my wife has pending 485 - wac02175 and may be facing a layoff. So we are looking at potenital plan b's.

Ironically the best plan b seems to be - pray that the system gets even slower if she looses her job. An even slower system would reduce the chance of a judgement taking place in her case .
I have a GC 4 years so in about 2 years I should have citzenship then I can apply for her GC. Is n't that a terrible system - the best way we could beat it is to hope it gets worse. But hey that wont help you guys so I hope we will never have to go that way. Just remeber to think carefully about who you vote for when you get the chance

Other plan b's include F and J visas but that would be really messy. We might have to get divorced first for her to get that because of my GC ! THen get remarried . I would never agree to do that but the concept that that is the solution says a lot for the system.

And of course we could leave USA resulting in me losing my green card. What a wonderful system.

Thanks again for the replies.
 
while it is not cheering, it is a good analysis of your situation. At the current rate, 02-175 will take two years - a bit more actually. IMHO, you should work in the republican grassroots org for the next two years and then vote democrat.
 
Good question, even if its a speculation ..

Was wondering, if I really should spend money on renewing my H-1 since I am waiting on AOS ..

---------
Wac02080
 
But I have not heard that many 485 denials .. actually not even one ..

Unless you consider that "Decision delayed is a denied decision" ..
 
Originally posted by eventually
Good question, even if its a speculation ..

Was wondering, if I really should spend money on renewing my H-1 since I am waiting on AOS ..
Click to expand...

Yes, definitely. H1 is more certain than AOS. You can even ask for H1 extension to 7th year these days...
 
I had another thought about the problem of layoff and then maybe getting denied for not having a job...after layoff we could move to Texas and then send an address change to BCIS and get the case moved to Texas , this should add another 2-3 years to the processing time which would give me ample time to get citzenship or give my wife ample time to get another job!

In fact this strategy could perhaps help anyone ride out a long period of unemployment - just get the case moved to another state , and you could wait out the recession. Interesting :-)
 
Originally posted by USER12345
thanks for the responses , especially Tasse. I think the answer is clear.

To the person who asked " what is the reason for denial" .The answer is that there has not been a denial it is just a speculative question.


Reason is that my wife has pending 485 - wac02175 and may be facing a layoff. So we are looking at potenital plan b's.

Ironically the best plan b seems to be - pray that the system gets even slower if she looses her job. An even slower system would reduce the chance of a judgement taking place in her case .
I have a GC 4 years so in about 2 years I should have citzenship then I can apply for her GC. Is n't that a terrible system - the best way we could beat it is to hope it gets worse. But hey that wont help you guys so I hope we will never have to go that way. Just remeber to think carefully about who you vote for when you get the chance

Other plan b's include F and J visas but that would be really messy. We might have to get divorced first for her to get that because of my GC ! THen get remarried . I would never agree to do that but the concept that that is the solution says a lot for the system.

And of course we could leave USA resulting in me losing my green card. What a wonderful system.

Thanks again for the replies.
Click to expand...

EVIL thoughts
For your sake you want the whole system to be slow.....
More over you got your GC

YOUR wish will never become true.
The process will speed up definitely
( your wife case may be approved in that, instead of denial )
 
If necessary I can explain Irony to you however consider this :

My having a green card does not give me a special status as you imply, becasue if my wife i485 gets denied , she has to leave US, then I have to leave US, then I lose my green card. So the system is so screwed up that a permanent resident will have to surrender their green card in order to keep their family together.

(Hence the petition that is ongoing - thanks to this board. )
 
first, you can stay in US, and let your wife go home for a while. And reunion in a couple of years. this is not too bad.
second, i thought citizenship process is slowing down also. This may make your plan not as good as your thought.
anyway, no news is good news.
stay clam and do not panic. :)
 
Just don't talk about impossible things like getting divorced and remarrying.... sounds too far fetched. Marriage should be more than that.
 
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