EAD validity after I-485 denied

[ariyamannil]

will the EAD remain valid even if I-485 is rejected ? Can somebody continue the employment for the duration of EAD ?

[curiousone]

will the EAD remain valid even if I-485 is rejected ? Can somebody continue the employment for the duration of EAD ?

No..........not if your EAD was based on your pending I-485. So say for example, you got EAD because you're married to a USC and filed a I-485 and its denied, then you've lost your eligibility for EAD.
I'm not of course suggesting you do anything illegal but in practical terms if you're already working on the EAD , USCIS is not going to inform the employer that this person is no longer eligible to work because their I-485 has been denied. You could always seek to reopen the I-485.

[ariyamannil]

Thanks for replying to my query, some more concerns below.

I am hoping to get an EAD based on EB2 I-485 which was filed last month. I already crossed 6 years on H1 and I may not be able to get another H1 extn since I don't have any LC/I-140 pending for more than a year AND my approved I-140 is current. So if I change jobs using the EAD, would that be legal ? What would be my legal status if I terminate my job with the H1B sponsor ? In case if I-485 is denied and if I continue to work with the new employer using the EAD and start another GC, would that be legal ? Also the time worked on EAD will be counted as non-H1B time and if I could work for an year on EAD, would I be elgible for another fresh H1 ?

If I continue to work on H1 and if my spouse make use the EAD based on the GC filed on behalf of my employment, would I still remain on H1B or will I be considered working on EAD ?

[curiousone]

Thanks for replying to my query, some more concerns below.

I am hoping to get an EAD based on EB2 I-485 which was filed last month. I already crossed 6 years on H1 and I may not be able to get another H1 extn since I don't have any LC/I-140 pending for more than a year AND my approved I-140 is current. So if I change jobs using the EAD, would that be legal ? What would be my legal status if I terminate my job with the H1B sponsor ? In case if I-485 is denied and if I continue to work with the new employer using the EAD and start another GC, would that be legal ? Also the time worked on EAD will be counted as non-H1B time and if I could work for an year on EAD, would I be elgible for another fresh H1 ?

If I continue to work on H1 and if my spouse make use the EAD based on the GC filed on behalf of my employment, would I still remain on H1B or will I be considered working on EAD ?

Unfortunately, Im not so well informed with regards to H Visas ..I thought your I-485 was family based. Hopefully someone else helps you out......