If you filed green card before your non-immigrant status expired, you are in legal status. Explain your situation more to get a good reply.

so whats the purpose of the ead then if everyone using it will be out of status? lol😂

@J A yes that’s was my point , I asked them unless there is somthing you guys hiding from me , that I don’t know

@Charlie SC, this is the message from the staffing agency that filled my green card ,I tried to call twice today but couldn’t get through. Here are the updates: From your paperwork, the legal department understood you were (a). either going to re-enroll in school for the BSN (F1 good through Aug 2024) or (b). you were going to use your OPT earned after Dec 2022 graduation to work. Your paralegal had the case documents and knew you were not in jeopardy. You had two very good options as listed above. Advising you about the denial is something she had to do as a matter of case transparency. This case refile itself did not put you out of status at all. These facts shouldn’t have been lost in the conversation. Your school knew you could apply for the OPT as well. Please read what Barbara advised today. “There’s not much to be done. She was per se out of status (no one out of status can be approved for permanent residency) even though you were not accumulating any unlawful presence. She would likely be denied a TN visa at this point. She would probably need to be out of the country 5 years before applying for another US Visa. If she really wants to stay in the US, USC marriage is the only thing that will cure the being “out of status." so they provided my C09 work permit that I have been using upto date

I feel like I need a good lawyer , lawyer I am working with have misused me and taken funds from despite telling me they will file for free , mind you me I opted of school while I was offered 2 year work permit which now they are telling me I should have used opt ,so somthing is not adding up

I am Registered nurse working at the hospital and through high tights that’s 1-9 my work visa is good , recently I got 5 year work visa too so someone with almost the same case to get into me , them advising me on going to canada or marrying wasn’t my option , if I wanted to do that I could have done that long time .

When did you file i485 form? And what was your status at the time you file i485?

if you are on F1 visa and used your EAD you will lose your F1 status but you are in a period of authorized stay because of your pending i-485. Now for whatever reason your i-485 is denied then you cannot come back to your non immigrant status(F1) due to the usage of your EAD however if you use your OPT ead instead of using your i-485 then you are still within your F1 visa

@a t t I was f1 at the moment of AOS application

did you file for EAD and i485 at the same time?

@a t t yes I did I received work permit and pending 485

then you dont have to worry about “out of status file for eb3 skilled” whether it went through or not. Because if you file for both EAD and i485 at the same time when you still hold F1 status, you’ll be fine

@a t t yes it was concurrent , so I don’t understand when a lawyer later come and email me like that after almost 3 years

That is because you might have used your EAD. Your lawyer was referring to “period of authorized stay” which means you do not have a status but you are pending i-485

Yout I485 was denied correct? after you applied for AOS you leff you F1 status expire correct? what they are saying is that during your AOS process you are not out of status but when it got denied of you let your F1 go and did not have anything to fall into, yes you are now out of status.

@AM CS exactly right!

@AM CS my 485 is still pending , no denial waiting for uscis for final desicion , no point of time I have been out of status in this country, my only problem is if maybe they did somthing during my filing

That is why I was asking you did you use your EAD?

@J A yes I started using my AED 3 months after issued , I just receive a 5 year AED for 5 months too

Your attorney did not just clear it up to you. Once you used your EAD you are not on student visa anymore. The moment your i-485 is denied you cannot go back to your non immigrant visa. You are not required to maintain your previous status but it is safer.

@J A my problem is he telling me to withdrawa the case even though decision has not been made

huh?why would you withdraw

@eve kibsogeno sorry to say this but I dont think your lawyer recommended that for no reason. I feel like you dont tell everything here. Now you have to face whatever situation you’re in, accept this and then find the best possible solution you now have. Take action and do it fast 🍀

@J A never will I withdraw I told them I will go with wherever uscis grant me , at this point I am waiting uscis to decide on my case.

@a t t honestly waiting for us is to make decisions since nobody have revoked my work permit or 485 ,

@eve kibsogeno i would also not believe that a lawyer would say that. As much as I dont want to say it but you are not telling the real story.

@J A when I call uscis they state that my case is going on well , the only mistake i made was come out of school and using aed

huh? i came out of school also and used my ead but i never got a problem. That is why we are telling you are not telling all the information. why would an attorney ask you to withdraw your petition? and why would you have a problem when you use your ead everybody here uses it?

That is why I was being sarcastic when I told you that if “all are using ead” then all should also be out of status lol!😂

@J A what’s your take on this , I call uscis this moring they are telling me wait for decision to be made , my 485 is pending

@J A anyway at this point amnt stressing let me wait for uscis to make decision , I might be wrong or my lawyer doesn’t have experience on employment based green card , telling me to withdraw my case and apply for asylum or TN visa doesn’t make sense , first of all amnt cananadian second assylum should be filled within a year of being this country , so clearly either ways I will loathe battle so best decision is to believe on uscis , the firm I used fired a lawyer who filed for me and the one in the house wasn’t the one who was there in my filling , so I believe on whoever filled it . he should not have lied to me with 25 years of experience