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 affected. Here’s what you need to know:
- Immediate Impact: The denial of your I-485 typically results in the automatic termination of your EAD. This is because your eligibility for an EAD is tied to your pending I-485 application.
- Notification: You will receive a formal notice from USCIS indicating the denial of your I-485 application. This notice may also specify that your EAD is no longer valid.
- Cease Employment: Upon receiving notice of the I-485 denial, you must cease employment immediately if your EAD is invalidated. Continuing to work without authorization can have serious legal consequences.
- Appeal or Motion to Reopen: If you believe the denial was in error, you have the option to file an appeal or a motion to reopen/reconsider the decision. An experienced immigration attorney can assist in this process, potentially reinstating 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. Ensure that your employer is aware of your current status and that you comply with all immigration laws.
- Reapplication: In some cases, you may be eligible to reapply for adjustment of status. This would involve submitting a new I-485 application, along with the necessary fees and supporting documentation. If you reapply, you can also apply for a new EAD.
- Legal Guidance: Navigating the complexities of an I-485 denial and its impact on your EAD requires professional legal advice. Consulting an immigration attorney can help you understand your options and take appropriate steps to address your situation.
For comprehensive legal assistance and to explore your options after an I-485 denial, click here. Ensure you have the expert support needed to manage your employment authorization and immigration status effectively.