EB1C - I140 denied

[akindia]

My EB1C I-140 got denied recently . Looks like they were not convinced about my abroad managerial role because they found that the characterization of the role in the prior L-1B and in the EB-1 were not aligned. My attorney has recommended not to file MTR/appeal in this case and I have to leave the country within 30 days.

 

Do you guys have any suggestion  -

1. My EAD is valid until May-2020 , Am I still eligible to work until my EAD expiry ?
2. What are the chances of success if MTR or appeal is filed?
3. Can I still apply in different category (e.g. EB2) while I continue my employment on EAD. I switched my status to EAD from L1B in 2018.

 

Any help/suggestion would be greatly appreciated.

 

Thank You!

[pontevecchio]

1. No. Once the underlying AOS is denied, the EAD ceases to be valid.

2. What your lawyer said.

3. see 1.