Biberonka

So here's the deal. My I-485 got denied back in March, due to the
fact that our first marriage was on a Native Amrrican reservation and
the second one didn't happent until 18 days after we applied for a
green card. So the lady it the USCIS who interview us said there's
nothing to worry about, just resubmit your new I-485 with the new
marriage certificate. 3 days ago I finally got my denial letter (we
sent the new I-485 a month ago, already got fingerprinted again and
all) and it says I should leave the country within 30 days and that my
EAD is no longer valid. Now the officer at the USCIS told me to
disregard those letters when they come, because after resubmitting my
new I-485 my status will still be pending. But she said nothing in
particular about my EAD. I finally have a job after 2 1/2 years of
waiting for that damn EAD and I don't want to have to quit it. Does
anyone have any idea if it's ok to keep working?
Thanks for all of you suggestions!

meauxna

I personally dont' think it's 'ok' to keep working--your current EAD is based on an application that's been denied and isn't valid.

Why wasn't your ceremony on the reservation recognized? Nothing done to make it legal?

ian-mstm

The day your I-485 was denied, your EAD became invalid. You can *not* work as you currently have *no* status in the US. Unless you want to start packing your bags, I'd get an experienced immigration lawyer involved. Yes, it's going to cost you $$ but it's money well spent.

Ian

Biberonka

> The day your I-485 was denied, your EAD became invalid. You can *not*
> work as you currently have *no* status in the US. Unless you want to
> start packing your bags, I'd get an experienced immigration lawyer
> involved. Yes, it's going to cost you $$ but it's money well spent.
>
> Ian
>
> --
> Posted viahttp://britishexpats.com

I am not out of status. My status is still pending, since I resubmited
a new I-485 with the correct dates of my marriage, went through the
biometrics again and am now waiting for a second interview.

Just Jenney

Ian didn't say you were out of status -- he said you have no status, at least not one which allows you to legally work. If you want to work legally, you will need either a new EAD or a green card.

~ Jenney

ian-mstm

Did you submit form I-765 when you submitted the new I-485? If you did not, you do *not* have permission to work until the new I-485 is approved. Period. End of story.

Ian

Just Jenney

Or, until her new I-765 application is approved, which would be based on her new I-485 application, correct? That's how I understand it.

~ Jenney

Nguhh

On May 16, 12:46 am, Jenney & Mark <[email protected]>
wrote:

>
> Ian didn't say you were out of status -- he said you have no status, at
> least not one which allows you to legally work. If you want to work
> legally, you will need either a new EAD or a green card.

I am just curious in the eyes of immigrtion law, what is the
difference between No Status versus Out of status?

Doesnt "No Status" automatically implies you are out of status?

ian-mstm

If he submitted a new I-765, then yes... that'd be right. Since he was questioning the validity of his original EAD, I'm guessing he didn't know that a new I-765 was required.

Ian

Just Jenney

The OP's status is essentially that of a pending adjuster with no employment authorization. Can s/he DO anything with that status? Not really, aside from stay in the country while it's being processed. So does the OP actually have "NO status"? I suppose not. But being a pending adjuster isn't much of a step up, if you know what I mean.

Out of status means a person arrived in the US legally but now is here illegally. For instance, if someone arrived on a tourist visa which was good for 6 months, but they're still in the US after 9 months, that person has been "out of status" for 3 months.

~ Jenney

Just Jenney

Aah, yes. Absolutely. The original EAD is just a piece of plastic now. As we used to say in the credit card industry, it'll be a good ice scraper in the winter months.

~ Jenney