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Because I am getting mixed answers from lawyers, I would like to request this board for some help/advice and hopefully the right answer.
Until Nov 2007, I had been on I-485 pending status; my father, the main applicant, had filed for change of status on 2001 after our G-1 visa expired. Since 1997, I have been living in the United States legally.
After two interviews and six years on pending status, we were denied on our case. We have filed I-290B, which is an appeal. Our fees for the appeal have been accepted and a receipt has been sent.
Now I am being told by my lawyer that our appeals puts us back in our formal status, I-485 pending and I am qualified to apply for renewal of my employment authorization card (EAD).
HOWEVER, I am being also told by another attorney that I have lost status since the day of my denial notice. My appeal does not necessarily put me on any status and even during the duration of the appeal process, I would be out of status and hence, unqualified to apply for EAD.
Anyone know which one these lawyers is speaking the reality, and who is not?
If more information is needed, please let me know. I am desperate. After living in this country legally for 11 years and growing up here, I am not exactly sure to which "home" USCIS is asking me to return.
Any and all help would be appreciated greatly. =)
Until Nov 2007, I had been on I-485 pending status; my father, the main applicant, had filed for change of status on 2001 after our G-1 visa expired. Since 1997, I have been living in the United States legally.
After two interviews and six years on pending status, we were denied on our case. We have filed I-290B, which is an appeal. Our fees for the appeal have been accepted and a receipt has been sent.
Now I am being told by my lawyer that our appeals puts us back in our formal status, I-485 pending and I am qualified to apply for renewal of my employment authorization card (EAD).
HOWEVER, I am being also told by another attorney that I have lost status since the day of my denial notice. My appeal does not necessarily put me on any status and even during the duration of the appeal process, I would be out of status and hence, unqualified to apply for EAD.
Anyone know which one these lawyers is speaking the reality, and who is not?
If more information is needed, please let me know. I am desperate. After living in this country legally for 11 years and growing up here, I am not exactly sure to which "home" USCIS is asking me to return.
Any and all help would be appreciated greatly. =)
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