Having your I-485 application denied can be a stressful experience, especially when it comes to your Employment Authorization Document (EAD). What should you know about the status of your EAD in this situation?
Answer:
If your I-485 (Application to Register Permanent Residence or Adjust Status) is denied, the status of your Employment Authorization Document (EAD) will be directly impacted. Here’s what you need to know:
- Immediate Termination: Once your I-485 application is denied, your EAD is typically no longer valid. This is because the EAD is issued based on your pending I-485 application.
- Notification of Denial: You will receive a formal notice from USCIS regarding the denial of your I-485 application. This notice will inform you of the reasons for denial and the invalidation of your EAD.
- Cease Employment: Upon receiving the denial notice, you must immediately stop working if your EAD is no longer valid. Continuing to work without valid authorization can lead to severe legal consequences.
- Options for Appeal or Motion: You can file an appeal or a motion to reopen or reconsider the decision if you believe the denial was incorrect. An experienced immigration attorney can assist you in this process and help you potentially reinstate your EAD if the appeal is successful.
- Alternative Status: If you hold another valid non-immigrant status (such as an H-1B or L-1 visa), you may still be authorized to work under that status. It’s important to ensure your employer is aware of your current immigration status.
- Reapplication: You may be eligible to reapply for adjustment of status by submitting a new I-485 application. This will involve paying the required fees and providing necessary supporting documentation. When you reapply, you can also apply for a new EAD.
- Seek Legal Advice: Navigating the aftermath of an I-485 denial and understanding the implications for your EAD can be complex. Consulting with an immigration attorney is crucial to explore your options and take appropriate actions.
For detailed guidance and professional legal representation, click here. Ensure you have the support and expertise needed to manage your employment authorization and immigration status effectively.