Is EAD Valid during appeal?

G

graduation2003

Registered Users (C)
I just received a letter from my attorney today. The NSC has denied my I-140 petition. The notice has been received by my attorney. I've decided to appeal my case. We will meet our attorney tomorrow morning. I will post the detailed information later.

Now, I have one question. We filed I-485 in March. My husband is working with the EAD card. His visa status was H-4. Is the EAD still valid during the appeal? Can he keep working until the final result come out?

Thanks for your help.
 
I think the moment your husband used EAD, his H-4 became invalid. If your I-140 and underlying I-485 is denied, then he is out of status. So he will have to leave the country and apply for H-1/H-4 again. I am assuming you have valid H-1. I am not sure about validity of EAD while appeal is pending...better consult your attorney
 
graduation2003 said:
I just received a letter from my attorney today. The NSC has denied my I-140 petition. The notice has been received by my attorney. I've decided to appeal my case. We will meet our attorney tomorrow morning. I will post the detailed information later.

Now, I have one question. We filed I-485 in March. My husband is working with the EAD card. His visa status was H-4. Is the EAD still valid during the appeal? Can he keep working until the final result come out?

Thanks for your help.
Click to expand...

As long as your application is pending with USCIS (anykind of application like applied to Motion To Reopen or Appealed)...he should be OK.....keep all documents that shows validity of your appeal...(I mean...within 30 days you should appeal for MTR...so keep all postal confirmation slip and all receipts from USCIS)....


But once it is denied in appeal then he must leave the country without wait even one day....
 
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