Renewal of EAD I-765 Denied

[tusker55]

Just got denied on my EAD I-765 renewal. I-485/I-480 application still pending under Appeal process.

My attorney says -

" Technically, the decision is correct because the I-485 applications have been denied, and there are no regulations that deem an I-485

application 'pending' when, as in my case, the I-140 petitions that were filed with the I-485 applications are pending because they are on appeal. "

Even though there are no regulations to force the USCIS to approve my Forms I-765,

(The appeal of the denial of my I-140 petition in the EB-3 category won't be processed until December 2011, at the earliest).Also my employer has requested a new copy EAD since mine expired in February 2011. Please does anyone have any advice?

ATTORNEY is suggesting file another I485/I-480/I-765. Can someone please advice. Can employer ask to quit the job w/out valid I-765?