NIW, EAD, I-485 denial?

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GCforTRAVEL

Registered Users (C)
Anyone here or has anyone heard of cases in which someone who was in NIW category, used EAD to work while AOS pending,

and then had I-485 denied?

I have NIW, if I use EAD to work and 485 gets denied for some reason, will I have been considered to have worked illegally since using EAD or since 485 denial.

Techy provided some input to this in another forum, but I was wondering thoughts of some others on this.

Thanks.
 
If you have NIW approved meaning your I-140 is approved and also have EAD and I-485 pending. If for some reason you I-485 does not get approved then it does not mean that your EAD was illegal. Shortly after i-485 denial your EAD would be revoked. You would have to go out of USA in shot time since you would start accumulating period of unauthorised stay. Hence it is always good to have both H1b and EAD during I-485 waiting period. If your EAD gets denied then you always have H1b to fall back and continue working. I hope this clears your doubts.
 
I wonder if your I-140 gets denied for some reason and you have used EAD with concurrent filing, can't you just fall back on H4 or process it without leaving the country.

Any feedback...









NIW-Nov 04 said:
If you have NIW approved meaning your I-140 is approved and also have EAD and I-485 pending. If for some reason you I-485 does not get approved then it does not mean that your EAD was illegal. Shortly after i-485 denial your EAD would be revoked. You would have to go out of USA in shot time since you would start accumulating period of unauthorised stay. Hence it is always good to have both H1b and EAD during I-485 waiting period. If your EAD gets denied then you always have H1b to fall back and continue working. I hope this clears your doubts.
Click to expand...
 
If you have used EAD while on H4, you would immidiately loose your H4 non-immigrant status. Around the time of your I-140 denial if you were using EAD then the only way for you to get H4 is go out of the USA and come back again on new H4. However, if you did not use EAD and were maintaining your H4 status then even if your I-140 was denied you dont have to go out of USA. If you use EAD and then before I-140 denial you re-apply for H4 then you dont have to go out and you can do the re-application (form I-539) while staying in USA.
 
uSE OF EAD IS NOT ILLEGAL. KEEP HIB AS BACKUP. CHANGE JOB IN SIMILAR FIELD CONSULTING DOL BULLETIN ON JOB DESCRIPTIONS OR REFER TO SOC CODES.
 
In General H1B as a backup for 485 applications is vital. ICE have said people are removable if they apply for a AOS, get an EAD and travel doc and then subsequently do not renew their underlying H-1B status...
 
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perMinator
Can you give the link where ICE has said that. Because my understanding is that pending 485 is a legal status. EAD and Advance PArole are given to be used so people don't have to keep H1B1 active. Although till 140 is approved using EAD or AP is not a good idea.
 
No free link to that I'm afraid, i have a cd with it! It was said by the USCIS Chief counsel and the USCIS Deputy Associate General Counsel in the summer of 2006.

Its still up in the air whether ICE are actually going to start wasting resources chasing people down for this but its a worrying position.
 
reasons for denials

What might be the possible list of reasons for denial at 485 stage as AOS is based on the applicant's criminal verificcation etc?
 
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