Using EAD and 485 denied -- Please reply

B

babyluck

Registered Users (C)
My wife is using EAD, she is a derivative candidate and I'am a primary 485 filer.
In case my 485 gets denied for any reason, would my wife goes out of status immediately ?
If I immediately file Motion to reopen (MOTR), would that re-instate my wife's status as EAD holder, untill the desicion is taken by USCIS ?

I assume in case of NOID, if I reply withing 30 days timeframe, nothing affects for EAD users correct ?

Please let me know.

thanks,
 
Yes, she immediately goes out of status unless she is maintaining any other status.

Until the MOTR is accepted and case is re-opened, status will be "out of status".

EAD doesnt get affected for a NOID, only a denial affects it.
 
babyluck said:
My wife is using EAD, she is a derivative candidate and I'am a primary 485 filer.
In case my 485 gets denied for any reason, would my wife goes out of status immediately ?
Yes, however you dont need to PANIC, dont let your wife leave her job. You have 180 days untill you are declared over stayed. Meanwhile try to fix things

If I immediately file Motion to reopen (MOTR), would that re-instate my wife's status as EAD holder, untill the desicion is taken by USCIS ? In my case after denial, my wife kept working and now when my case is re-opened everything seems fine. My Lawyer told me not to worry till the EAD's expire date.
I assume in case of NOID, if I reply withing 30 days timeframe, nothing affects for EAD users correct ? correct. Even in case of denial, use this gray area to your advantage.
Please let me know.

thanks,
Click to expand...
 
One more question. I can understand getting NOID but in what conditions would USCIS deny 485, if at all they do..
 
Veriety of cases

babyluck said:
One more question. I can understand getting NOID but in what conditions would USCIS deny 485, if at all they do..
Click to expand...
You need to be specific in explaining your case here ...
 
Status question related to 485/EAD

I have applied for 140/485 recently, my company may get taken over by some company in near future. So, what will I have to do to maintain my 140/485/EAD.
Please help.
 
thankyou guys for your reply.

Cheekoo, to answer your question then, if I have invoked AC21 and my employer convicts of fraud and my 485 gets denied. I hope thats the only reason it will get deny after invoking Ac21 correct ?

It's good to know I have 180 days of illegal stay limit for my wife as her EAD will get invalid, but in that case how do I convert her back to H status (H1 or may be H4)?
Does she has to go out of country and reenter on new H1/H4 visa or just filing her change of status would get her on H status ?
 
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