H1B/H4 Denied have valid EAD

[dkmalav]

I need some advice for my case.

1. Have valid EAD and I-485 pending for 8 months

2. H1B Renewal applied by Company A who sponsored the GC

3. Started working for company B on EAD

4. H1B and H4 withdrawn by company A, H1B and I-94s expired

5. Received a notice of denial for H1B and H4

I am not sure what my and dependents status is, we both have valid EADs. Should I file form I-290B to appeal against the denial?

Any help will be greatly appreciated.

[pontevecchio]

You have no basis to appeal. You should get a Lawyer involved proactively as it would seem you would have to invoke AC21 provisions as it is likely the Company A may even revoke your I140.

[dkmalav]

You have no basis to appeal. You should get a Lawyer involved proactively as it would seem you would have to invoke AC21 provisions as it is likely the Company A may even revoke your I140.

[dkmalav]

My I 140 was approved in 2009 so that can't be revoked. The h1b petition was withdrawn as it don't make sense to keep the petition if I was not working for the company. The new company is filing for AOS port so no issues there. The only thing I am concerned about is if we have to reply to the denial notice for h1b and h4 in some form.

[pontevecchio]

"My I 140 was approved in 2009 so that can't be revoked"

Yes, it can be revoked by the sponsor at any time before you become a PR. I suspect you are a tad confused. There would seem to be no problem as long as your AOS is not denied.