Mtr With Aao, Have Ead, Am I Out Of Status?

[STPRINS]

Stumbled on the site in pure desperation! Thanks to Mr. Khanna for it's existence.

Been in the US 8yrs, 5mnths on H1-B plus extension (expired 11/2004).
LC after several years (10/2003).
Extended H1-B one year.
Filed I-140 and 485 concurrently (02/2004) before H1-B extension expired (11/2004).
Applied for (9/2004) and received EAD and AP (02/2005). Did not extend H1-B.
Then received RFE. I-140 was denied on Education evaluation (05/2005). Lawyer filed MTR on my insistence- concerned, some threads mention 100 page docs. mine was a page... (06/2005)

Questions:
1. With I-140 denied, is EAD now invalid and we are out of status? Do I have to leave the country within 180 days from I-140 denial even with EAD, AP and MTR? Any other options?
2. If MTR fails can a new proper one be filed? Are there further options?

Thanks.
STPRINS

 

[expeditegc]

Sorry to hear that. Mine also denied on Education. I did not receive RFE but I140 denied and sent to AAO in June. Currently, AAO takes about 14 months to process. I know AAO has approved lot of denied cases.

You are out of status from the day I140 denied. You have to leave US before 180 days expires and come back on new H1B. I don't know any other option.