H1 denied ,when Aos is pending

[lari]

Hi, I applied EAD, 485 fourty five days ago which is my priority date is current. Now my H1 got denied . I have valid I 94 till may 1st.

what are my options.

I have to leave the country?

 Am I legal to stay because my Aos is pending?

Can I continue work if I file MTR?

If I  leave the country what will happen to my AOS.

Please suggest me ASAP.

Thanks

[Shurap1]

If your I-485 application is pending then you can stay, however to continue working you MUST have approved EAD card. If you want to travel out of the country then you should have Advance Parole (AP) approved before you leave the country otherwise your 485 application may be considered as abandoned.

[lari]

Thanks for the reply,

Now I am out of status , I did not get my EAD yet . Is that going to cause any problem in approval of EAD?

 

[JoeF]

1 hour ago, lari said:

Thanks for the reply,

Now I am out of status , I did not get my EAD yet . Is that going to cause any problem in approval of EAD?

 

If you have a pending I-485 you are legal, you aren't out of status.

To work, though, you need the EAD. So until you get the EAD, you have to stop working.