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Working On Ead After I-485 Is Pending For 180 Days Or More

Discussion in 'AC 21 I-140 Portability' started by itsmeusa, Oct 1, 2014.

  1. itsmeusa

    itsmeusa Junior Member

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    Hello Ron,
    I went thru all the articles under section AC-21 where you explained benefits of working on EAD after I-485 is pending for 180 days or more. Please advise on below question as I would be executing AC-21 in near future and I have this question in mind.

    I understand that, after 485 is pending for 180 days or more, even if employer revokes underlying I-140 petition, it should not have any impact. However I saw few unfortunate folks receiving RFE or even I-485 getting rejected without USCIS issuing RFE or NOID.

    In case I-485 is rejected in error by USCIS, would EAD be invalid immediately and alien would go out of status, loose the job etc. Can I-485 rejected be appealed in this case?

    Thanks for your time and help!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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  3. itsmeusa

    itsmeusa Junior Member

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    Thank you Ron...I started reading the case. It's a good read, probably need to read it few times to soak in the information...

    I will come back if I have any more questions...thank you again...
     
  4. itsmeusa

    itsmeusa Junior Member

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    hi Ron,I read the entire case. I still have couple of questions - if I-485 is erroneously rejected by USCIS, would EAD be invalid immediately and alien would go out of status, loose the job etc. Can I stay and work in US while waiting for the decision on appeal?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS does not invalidate EADs when they deny an I-485. They let them expire. You may continue to work.
     
  6. itsmeusa

    itsmeusa Junior Member

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    Thank you Ron. This is very helpful.
     

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