Pls Help.. Working on EAD and 485 denied

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uscis_gc

Registered Users (C)
I am working on a EAD that I got through my wife's GC process (she is still working on H1 even though she has EAD). We knew her GC may have problems as her I-140 was denied and was in appeal for a long time. So I filed a brand new GC for which PERM and I-140 was approved and I just filed new 485/EAD/AP as my PD date is current.

We just came to know that our 485 was denied that was filed through my wife's GC process. However the linked EAD was not denied.

My question: Can I still work on my existing EAD as it has not been denied? If I do work, will it have any issues with the recent 485/EAD/AP application that I just filed ?

Please let me know you thoughts !!
Thanks,
 
I'm working on EAD since last year .. When I filed my new 485 application last month, I was on valid valid non-immigration status (EAD)
 
TheRealCanadian said:
EAD is not a non-immigrant status. If USCIS notices, the I-485 will be denied.
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I don't completely agree. I have never known of USCIS to give a problem with someone who filed a second I-485 was filed when their only basis of authorized stay was a pending I-485.

However, I definitely agree that the EAD by itself with no H1/F1/etc. and no live I-485 backing it will lead to denial of the second I-485. If the first I-485 was denied before the second I-485 was filed, Uscis_gc should withdraw the I-485, get an H4, reenter the US with the H4, and then file a new I-485.
 
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uscis_gc said:
My question: Can I still work on my existing EAD as it has not been denied?
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Yes you can still work with it, but you would be accumulating unlawful presence by remaining in the US after your I-485 is denied. The EAD would just mean you're not doing unauthorized employment.
 
Jackolantern said:
However, I definitely agree that the EAD by itself with no H1/F1/etc. and no live I-485 backing it will lead to denial of the second I-485. If the first I-485 was denied before the second I-485 was filed, Uscis_gc should withdraw the I-485, get an H4, reenter the US with the H4, and then file a new I-485.
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Jackolantern, My second 485 was filed well before the first 485 was denied. So I guess I am authorized to stay in US based on my second 485 filing which is pending... right? Are there any other things I need to worry about?

Thanks,
 
uscis_gc said:
Jackolantern, My second 485 was filed well before the first 485 was denied.
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Did you also apply for an EAD based on the new I-485?

So I guess I am authorized to stay in US based on my second 485 filing which is pending... right?
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Yes. The regulations for AOS eligibility don't restrict it to just "valid nonimmigrant status"; there is also mention of "lawful status", paroled, asylee, "pursuant to a lawful admission", etc.

Are there any other things I need to worry about?
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If you didn't apply for an EAD based on the new I-485, the existing EAD could be canceled at any time, leaving you with no valid basis for keeping your job.
 
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Jackolantern said:
I don't completely agree. I have never known of USCIS to give a problem with someone who filed a second I-485 was filed when their only basis of authorized stay was a pending I-485.
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I've never known of someone who did so in an EB or FB category. The only cases I have seen are either immediate relative cases, where the requirement is waived, or cases where the second I-485 was filed after the first was denied, and then denied based on the lack of non-immigrant status.
 
uscis_gc said:
I am working on a EAD that I got through my wife's GC process (she is still working on H1 even though she has EAD). We knew her GC may have problems as her I-140 was denied and was in appeal for a long time.
So I filed a brand new GC for which PERM and I-140 was approved and I just filed new 485/EAD/AP as my PD date is current.

We just came to know that our 485 was denied that was filed through my wife's GC process. However the linked EAD was not denied.

My question: Can I still work on my existing EAD as it has not been denied? If I do work, will it have any issues with the recent 485/EAD/AP application that I just filed ?

Please let me know you thoughts !!
Thanks,
Click to expand...
Provide the date when your wife I-485 and your derivative I-485 got denied.
Provide the date you filed your Primary I-485 and your status at the time of filing your Primary I-485. when you filed your second I-485 were you on H1 status?
 
Look at Section 245c2. Where we disagree, I suspect, is whether a pending I-485 is a "lawful status". It's a period of "authorized stay", but I don't think it's a "lawful status".
 
ginnu said:
Provide the date when your wife I-485 and your derivative I-485 got denied.
Provide the date you filed your Primary I-485 and your status at the time of filing your Primary I-485. when you filed your second I-485 were you on H1 status?
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My derivative I-485 and my wife I-485 was denied 9/27/2010. We saw the status online and still waiting for actual denial notice.
I filed my Primary I-485 on 1st Sep 2010 and I was using EAD at that time.
 
TheRealCanadian said:
Look at Section 245c2. Where we disagree, I suspect, is whether a pending I-485 is a "lawful status". It's a period of "authorized stay", but I don't think it's a "lawful status".
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Why would authorized stay be anything but a subset of any number of lawful statuses ? I get that there is a technical relevance to both terms but how can your stay be authorized if you are not in a lawful status? It is hair-splitting IMHO
 
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uscis_gc said:
My derivative I-485 and my wife I-485 was denied 9/27/2010.
----- I hope your wife/you or your Lawyer got I-485 denial letters from USCIS. What reasons USCIS gave for denial of her I-485??

We saw the status online and still waiting for actual denial notice.
I filed my Primary I-485 on 1st Sep 2010 and I was using EAD at that time.
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aaifor said:
Why would authorized stay be anything but a subset of any number of lawful statuses ? I get that there is a technical relevance to both terms but how can your stay be authorized if you are not in a lawful status? It is hair-splitting IMHO
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It's not hair-splitting. Your stay can be authorized based on a pending petition, which since it has not been approved has not given you a specific status.
 
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