What if I-485 is denied: Do I need to leave the U.S. immediately??

Y

yafayez

Registered Users (C)
I am now working using EAD based on pending I-485. I wonder if I-485 is denied (due to denial of I-140) what would be my status? Do I need to leave the U.S.? Is there a grace period?. Can I re-apply (NIW) even if I am out of status. Thanks.
 
yafayez said:
I am now working using EAD based on pending I-485. I wonder if I-485 is denied (due to denial of I-140) what would be my status? Do I need to leave the U.S.? Is there a grace period?. Can I re-apply (NIW) even if I am out of status. Thanks.
Click to expand...

I am working using H-1B with a pending I-140 and I-485. My husband is using his EAD after H-4. My attorney says if my I-140 get denial, my husband can go back to H-4 without leaving the country after finish some paper.
 
graduation2003 said:
I am working using H-1B with a pending I-140 and I-485. My husband is using his EAD after H-4. My attorney says if my I-140 get denial, my husband can go back to H-4 without leaving the country after finish some paper.
Click to expand...


I might be wrong but that is only the case because you have a H-1B your husband is indirectly using for his purposes in the case the I-485 is denied. In the case of yafayez he has nothing to use if his I-485 is denied if he is the one who is applying for the GC.
 
is that possible to have both H1B and EAD at the same time. for example, can you be working at some place using the H1B and another one using the EAD. this way if the I140 gets rejected the H1B would still be working?

thanks
 
My case is unique

I have no H1-B to rely on. So if my EAD is no longer available due to I-485 denial what should I do. Is there a grace period for me. Thanks
 
confused

I am confused what you said your I-140 was denied. you have posted your I-140 NIW was approved in your post on 6/27/05. What's happen? The INS will check all approval I-140 NIW again.

_________________________________________________________________
Experts pls help!!
Views: 108
Posted By yafayez
Experts pls help!!

I applied for I-140 and I-485 concurently (EB2). I received approval for I-140 while I-485 is still pending. I did not yet apply for my wife. I wonder when should I apply for my wife (is it now) or... :confused:
 
And also from Murthys site:

"An H1B nonimmigrant has the option to apply for an EAD. However, if the person then uses the EAD to work for the same and/or another employer, s/he will no longer be maintaining H1B status. Just having, but not using, an EAD does not invalidate the H1B."
 
yafayez said:
I have no H1-B to rely on. So if my EAD is no longer available due to I-485 denial what should I do. Is there a grace period for me. Thanks
Click to expand...


You could appeal but otherwise you might have a bigger problem if you have nothing to fall back in the case of a I-485 denial.
 
You must log in or register to reply here.
Top