EAD Refile After I-485 (denied) & I-140 (Appeal approved) Concurrent Filing

[Jay_immi]

Hi, 

 

 

We filed Concurrently I-140 & I-485 in Apr 2012. I-140 & I-485  got denied because of the SII (Successor In Interest) was not good enough.

Employer appealed I-140 (MTR) and the I-140 got approved after an year in June 2013. Even after I-140 & I-485 denied i did receive EAD for me but my spouse EAD got denied.  

After the I-140 appeal was approved i renewed by EAD and received the same for 2 Years.

 

But I-485 is still showing(online) denied. I spoke to L2 officer and they informed me that internally case is pending review. 

Please advice me whether can i re-file I-765 for spouse since I-140 is approved. 

 

1. Can i re-file EAD for my spouse when I-485 is not re-opened for both of us.

2. Can i change job and file AC21 ? I might loose my job in a month or two. 

3. Should i stick on to H1B or can i use EAD to change employer.

 

 

 Any help will be appreciated. 

 

Thanks

Jay

[omshiv]

My understanding is when you file your GC Concurrently and if both I-140 and I-485 gets denied you Appeal/MTR you have to do for both of them. And only if your I-485 is in Pending or MTR state you can apply for EAD. Im not sure how they can issue an EAD while your I-485 was denied.

 

 

Approach an attorney.

[Jay_immi]

I didn't have option to appeal I-485 because it was denied on the basis of I-140. Attorney told me I-485 should automatically re-open after the I-140 approval. But since my Priority date is not current I-485 is not re-opened (i assume). I took info pass and checked with them they are saying my I-485 case is waiting for I-140 document (internally I-485 status is pending review and assigned to an officer).