Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
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? 

Answer:

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. 
 









Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page








For All Your Immigration and Green Card Application Needs
                                                                 
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com