If I485 is denied, what happens to EAD and my job?

[montgomery 0]

I understand that if the EAD is issued on the basis of a pending I485, then the EAD is no longer valid once the I485 is denied.

 

HOWEVER....

 

If I am working, and at the time that I began working my EAD was valid, then some months later my EAD became invalid due to denial of the I485.......what happens?

 

Does USCIS notify my employer that the EAD is no longer valid and instruct them to terminate my employment? Or is that a matter that USCIS does not get involved in. Do they just let the EAD expiration date pass and leave me with no way to renew it?

 

Odd question, but I need to know.

[SusieQQQ 11,585]

Do you have a status to fall back on if your I485 is denied? If not you will need to leave the US anyway and your question is moot. If yes, you are expected to abide by immigration law and not work illegally; as I’m sure you know, that has its own negative repercussions. 

[montgomery 0]

5 minutes ago, SusieQQQ said:

Do you have a status to fall back on if your I485 is denied? If not you will need to leave the US anyway and your question is moot. If yes, you are expected to abide by immigration law and not work illegally; as I’m sure you know, that has its own negative repercussions. 

So does USCIS contact employers of folks that are working with an invalid EAD that was once valid?

 

I understand needing to leave or risk deportation if I fall out of status. I understand working without a valid EAD has it's consequences.

 

I said this was an odd question up-front.

Edited May 7, 2018 by montgomery

[JayMar2019 2,741]

21 minutes ago, montgomery said:

I understand that if the EAD is issued on the basis of a pending I485, then the EAD is no longer valid once the I485 is denied.

 

HOWEVER....

 

If I am working, and at the time that I began working my EAD was valid, then some months later my EAD became invalid due to denial of the I485.......what happens?

 

Does USCIS notify my employer that the EAD is no longer valid and instruct them to terminate my employment? Or is that a matter that USCIS does not get involved in. Do they just let the EAD expiration date pass and leave me with no way to renew it?

 

Odd question, but I need to know.

To answer your question, no USCIS does not contact the employer. However, once your EAD expires since its contingent on receiving a GC, the employer will terminate you anyway since you will no longer have valid working papers.

[SusieQQQ 11,585]

29 minutes ago, montgomery said:

So does USCIS contact employers of folks that are working with an invalid EAD that was once valid?

 

I understand needing to leave or risk deportation if I fall out of status. I understand working without a valid EAD has it's consequences.

 

I said this was an odd question up-front.

So by “odd”, do you mean can you break the law and get away with it? I’m not sure what else you’re asking.

you may as well ask your employer what their attitude towards employing illegally is.

 

 

Edited May 8, 2018 by SusieQQQ

[geowrian 22,336]

Just saw this thread now...not trying to resurrect an old issue but trying to add some clarity for others who see this in the future.

 

If the I-485 is denied then any AP or EAD issued due to the pending AOS application is revoked immediately.

It is illegal to work without a valid working permit.

USCIS will not contact your employer, but that's not really relevant as you cannot continue working for them anyway.

If, for some reason, ICE discovers the unauthorized employment then the employer could face serious consequences. If your AOS is also denied then you are in the US illegally and you could be detained and then put through removal proceedings.