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Can I Continue to Work and Stay on the EAD Card after I-485 Denial?

Hi William:

My I-485 application is denied by a USCIS Service Center for a reason of employer pay ability. Can I continue to work and stay on the EAD card until the EAD expires? Also, can I appeal the I-485 denial? 


Generally, USCIS should send out a revocation notice on the EAD card upon the denial of the I-485 application. If you file an appeal of the I-485 denial and it is ultimately approved, then your work may not constitute unauthorized employment. However, under USCIS policy, a person is not supposed to work once the EAD has been canceled, or they send a notice revoking or canceling the EAD card. 

Merely filing an I-485 appeal does not enable a person to work on the EAD. That is a reason many people will continue to extend the H-1B status, even though it costs to keep extending it, especially on an annual basis after expiration of the the 6 years on H-1B status. 

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