Legal Question in Immigration Law in Mississippi

As of march 20, i received a denial of my green card application. My ead is valid until april 19. I dont have any other legal papers permitting me to work except for the ead which is expiring in four days. My H1B from a previous employer has been reviked last december 2012 so in essence i am not legal to stay here anymore. My employer said they will file for another h1b under premium process. Still, that won't give me any legal right to stay until that gets approved. Would I have a problem with adjudication if i stay and work beyond my ead expiration while waiting fir h1b approval? Or would you advise me to go home and await my h1b there?


Asked on 4/15/13, 6:58 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If your adjustment of status application (I-485) was denied, your EAD should have been revoked, as well.

You start accruing illegal status as of the day your I-485 was denied, so you should really depart the country before you face the 3 year bar (for unlawful presence of 180 days or more).

As long as you do not accrue 180+ days of illegal presence in the United States, you will be able to re-enter on a valid, non-immigrant visa.

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Answered on 4/16/13, 7:25 am


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