Urgent: I- 485 Denied due to USCIS Error EAD Valid during MTR?


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Hello, My (and spouse's) I- 485 was denied due to an error in USCIS records on one of my previous petitions. We are in process of filing Motion to Reopen to bring this error to diector's attention so that it can be fixed and I-485 approved. The petition was filed in EB1 category last year. I-140 was approved in a month and we both received our EAD's that are valid until 2012. We received the denial this month, MTR is in progress and we have a month from date of notice to file MTR. My question is about our EAD's, are they good during the period of MTR and case resolution? Or do we need to get back H/O visa status immediately to avoid gap in status and continue employment. IF we need to get visa then do we have to leave the country and reenter on stamped visa or it is okay to conitnue employment on approved I-797 notice. Please advise. We have seen mixed responses on this issue and requesting some advise on this urgent matter from the forum. Thanks Much for your time.

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It is a good idea to consult an immigration attorney. With I485 denied the associated EAD is also invalid. You should NOT work with the EAD now.

If you started using your EAD even though you had H1, you probably have given up the H1 Status. Again I repeat please prepare your list of questions and consult an immigration attorney immediately.

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