stay and work after NIW denied

susinca

Registered Users (C)
Can somebody tell me if it is possible to stay in status and work after an NIW has been denied. If using EAD can you still use this while appealing? What is the difference between MTR and an appeal? This is hypothetical but want to plan for the worst!

Thanks
 
hello,
from my limited understanding i guess that if one has not used EAD for work, and has been on H1, then one is in status.however if the niw has been denied and one has used ead for work, then one is out of status. If one files MTR and it gets reopened( the message appears on case status or letter like "on a BCIS motion to reopen", then i guess one could use AP/EAD for travel and work, however not sure if it would be renewed until 140 is approved. appeal goes to AAU and it takes longer time. if mtr is filed and officer doesn't want to approve it they sent it to aau for further processing for taking decision and it could take usually anywhere between 6 months to 18 months.mtr takes a shorter while to get decision like around 1-3 months i guess.
please consult ur lawyer and informed members too..i could be wrong in my views.
thank you
 
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