My dad(H IB) I-485 got rejected and we are appealing it right now, so the EAD (which i got n may) still valid?

Question

im not 21 yet (won't be until late 2009) and im on h4 under my dad's h1b

I got Worth Authorization in April and my I-485 or Adjustment of status from legal alien to resident was pending and it just got rejected. I'm appealing it right now

so is my EAD still valid then? can i still work?

Answer 1

If your EAD injunction with your I-485, then it will be no longer valid.

Answer 2

You filed I-765 in conjunction with I-485, and should have specified that your eligibility category for employment authorization was (c)(9) (which is defined in 8 CFR §274a.(12).(c).(9)

This is defined as:

"(c) Aliens who must apply for employment authorization. An alien within a class of aliens described in this section must apply for work authorization. If authorized, such an alien may accept employment subject to any restrictions stated in the regulations or cited on the employment authorization document. BCIS, in its discretion, may establish a specific validity period for an employment authorization document, which may include any period when an administrative appeal or judicial review of an application or petition is pending.

...

(9)An alien who has filed an application for adjustment of status to lawful permanent resident pursuant to part 245 of this chapter. For purposes of section 245(c)(8) of the Act, an alien will not be deemed to be an “unauthorized alien” as defined in section 274A(h)(3) of the Act while his or her properly filed Form I–485 application is pending final adjudication, if the alien has otherwise obtained permission from the Service pursuant to 8 CFR 274a.12 to engage in employment, or if the alien had been granted employment authorization prior to the filing of the adjustment application and such authorization does not expire during the pendency of the adjustment application. Upon meeting these conditions, the adjustment applicant need not file an application for employment authorization to continue employment during the period described in the preceding sentence;"

The moment your case was denied, you were no longer classified under §274a.12.(c)(9) and thus ineligible to use the EAD issued to you under that category.

You have reverted back to the status you had prior to your AoS application. In your case that is your H4 status. Any rules or restrictions in terms of your employment of travel eligibility that existed prior to your AoS application are now back in effect.