EAD and AP Based on EB3

[eclipse2580]

Hi I have an EAD and AP based on the I-485 filed for EB3 I-140. The EAD is valid till  2024. Now I have received a RFE for EB3 I-140 and we have replied to it. I also have an approved EB2 I-140.

My Question is  If my EB3 I-140 RFE gets rejected for any reason then will my EAD also become invalid ? If so what will be my buffer time in the EAD?

Will the Rejection of EB3 I-140 also affect my approved EB2 I-140 ...? 

[Attorney_22]

A

On 11/28/2022 at 6:06 PM, eclipse2580 said:

Hi I have an EAD and AP based on the I-485 filed for EB3 I-140. The EAD is valid till  2024. Now I have received a RFE for EB3 I-140 and we have replied to it. I also have an approved EB2 I-140.

My Question is  If my EB3 I-140 RFE gets rejected for any reason then will my EAD also become invalid ? If so what will be my buffer time in the EAD?

Will the Rejection of EB3 I-140 also affect my approved EB2 I-140 ...? 

An employment-based I-485 is based on an underlying immigration petition, such as I-140. If that underlying I-140 is denied, then the I-485 it was based on will eventually be denied as well (with some exceptions).