Is it neccessary to have a pending I-485 for EAD renewal?

Thanks TheRealCanadian! Actually it's for my friend's case. He entered the US in 1999 and overstayed. He was able to get a sponsor to qualify for 245i. Unfortunately, he left his work and USCIS denied his I-485. Now he needs to renew his EAD to be able to continue working. So you're saying that he cannot renew EAD if he cannot file I-485 (because of retrogression).
 
Not only can he not renew his EAD, but his current EAD automatically became invalid once his I-485 was denied. This assumes that his current EAD was a C(9) category (based on a pending adjustment of status case).
 
tuktukan said:
So you're saying that he cannot renew EAD if he cannot file I-485 (because of retrogression).
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His problem is not retrogression, since if he's eligible for 245i he has a current priority date. His problem is that if the original I-485 was denied and his old sponsor no longer wants to hire him, he has no basis to file an I-485.
 
jk0274 said:
Not only can he not renew his EAD, but his current EAD automatically became invalid once his I-485 was denied. This assumes that his current EAD was a C(9) category (based on a pending adjustment of status case).
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My friend is a nurse so he's under Schedule A. What he usually do is file the I-485 together with EAD. But that was when Schedule A is current. I believe they can file anytime since they don't need labor certification. But now that it is retrogressed with EB-3 he could not file I-485 with EAD. Is that correct?
 
TheRealCanadian said:
His problem is not retrogression, since if he's eligible for 245i he has a current priority date. His problem is that if the original I-485 was denied and his old sponsor no longer wants to hire him, he has no basis to file an I-485.
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I don't think he is still eligible for 245i since he's no longer connected with his old sponsor.
He is a nurse so he was able to file the I-485 with the EAD when he transferred to another employer. However it was denied, probably because he is no longer qualified for 245i. He was able to renew the EAD on a yearly basis. But since Schedule A retrogressed now, he cannot file I-485 with EAD. Am I correct?
 
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