Is EAD Valid during appeal?

[graduation2003]

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.

 

[compass]

When I had my I-140 denied, I was told by my lawyer that appeal does NOT keep you in status. I was on my H-1B, continied using it, filed appeal, and it was approved.
At that time I learned that after your I-140 (and I-485 if any) is denied, you are immediately out of status and should leave USA. If you had H-1 or H-4 and switched to EAD, you can apply again to switch back to H-1/H-4 and then you are fine. If not (my H-1 was about to collapse), then you can apply for B-1 (NOT B-2) asking up to 6 months explaining that your I-140/485 is denied and you need time to stay in USA and finish your business here (sell car, sell house, finish your kids school year...), then you can appeal and wait...
About 180 days, yes they can forgive you if you violate your status for less than 180 days... but I would not do it...
I think your husband should apply to change his status back to H-4 and stop working. You are lucky to have this option and not to suffer with this switch to B-1 which anyway gives you only 6 months or less, and appeal takes longer time...