Problems using EAD

I

ip1f

Registered Users (C)
Hello,

Problems using EAD:
- If something goes wrong with I485, EAD automatically gets invalidated, one goes out of status.
- Status becomes that of I485 pending which does not come with any dependant visa associated with it

Please tell:
1. What happens if I get Notice of Denial on 485 ?

2. What happens if Intent of Denial on 485 ?

3. what are other potential problems using EAD ?

Thank you.
 
Last edited by a moderator:
ip1f said:
Hello,

I'm on H1b visa, but might have to switch to EAD.
Problems using EAD:
- If something goes wrong with I485, EAD automatically gets invalidated, one goes out of status.

------------------------ If the I-485 gets denied then EAD/ AP are invalid as EAD/AP depend on pending I-485. once I-485 gets denied you will not be having any status but if you keep working on H1 and your H1 is valid and I-485 gets denied you are on H1 status till H1 validity.
- Status becomes that of I485 pending which does not come with any dependant visa associated with it

Please tell:
1. What happens if I get Notice of Denial on 485 ?
-------------------------Depends on the reason given by USCIS for I-485 Denial.


2. What happens if Intent of Denial on 485 ?

-----------------------Depends on the reason why USCIS sent NOID.

3. what are other potential problems using EAD ?

---------------you will invalidate H1 status and if spouse on US on H4 then H4 is also invalid if you use EAD.
Thank you.
Click to expand...

------------
 
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I have a similar question regarding 485 and EAD.

While working on EAD, if we receive Notice of Denial on 485, can we appeal? Can we work during the filing an appeal and acceptance of appeal by INS?

if we receive Intent of Denial, Can we work until we send a reply and acceptance of it by INS?

Thanks
 
randy_gc said:
I have a similar question regarding 485 and EAD.

While working on EAD, if we receive Notice of Denial on 485, can we appeal? Can we work during the filing an appeal and acceptance of appeal by INS?

if we receive Intent of Denial, Can we work until we send a reply and acceptance of it by INS?

Thanks
Click to expand...

Intent of denial does not mean that your I485 is denied. You can use EAD till actual denial occurs. If denial happen, you can appeal but you can not use the EAD till your I485 return back to the pending status. The appeal itself will not offer legal use of EAD
 
When I switch to EAD, employer will cancel H1 (but continue 485).
Now if Notice of Denial on 485, one goes out of status (and have to leave US - remember no H1b).
Any period of stay then will be illegal, and can affect futher USCIS application(s) processing.

What all can be done then ?
 
I can can see any reason for denial rightnow.
But there have been cases of denial, both valid and USCIS error.
If not on H1b, new 485 can not be filed, without exit US and reentry (reentry = New H1b)
 
ip1f said:
But there have been cases of denial, both valid and USCIS error.
If not on H1b, new 485 can not be filed, without exit US and reentry (reentry = New H1b)
Click to expand...

If the case is denied based on USCIS error, then you file a Motion to Reconsider. Problem solved.
 
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