Received EAD after 140 downgrade was denied

[kshah5]

We are in a weird situation. Back in Nov 2020, company applied for 140 EB3 downgrade along with the 485/765/131 application.

after an RFE in Dec 2021, company sent response and in FEB 2022, we got a denial for the downgrade petition.

just yesterday, my wife (primary applicant) received her EAD and the approval letter. What does that mean?

Is anyone else in a similar situation?

[shiva_82]

First, EAD processing is not directly linked with I140. Your EAD gets processed as long as your I140 is either pending or approved. EAD becomes invalid if your 140 gets rejected. But in your case I believe you might have had a 140 based on your earlier application, EB2 may be? ABD even while your EB3 downgrade 140 is denied, I believe your original 140 would still be valid and hence the EAD might be valid too.

Is your EB2 date current now?