I-140 and I-485 got Denied

[amitanshi]

Hello


I had filled I-140 and I-485 together last year, because of which I received my EAD and Advance Parole, few days back I received a I-140 Denial notice and unfortunately because of this my I-485 also got denied, though I have a chance to make an appeal on I-140, my question is

since I am making an appeal on I-140, is it true that my Advance Parole and EAD is still active since I have not been given final decision on my I-140 even though my I485 has been denied.

Also do I have to initiate my I-485 process again or it will be done automatically upon the approval of I-140.

Please advise.

Thanks

[txh1b]

No, appeal period does not validate your AP or EAD. Those are not valid. If you do not have a valid non immigrant status and are working on EAD, you are currently out of status due to the denial.

[amitanshi]

How About I485?

Do I have to initiate my I-485 process again or it will be done automatically upon the approval of I-140?

[txh1b]

Once the I140 gets approved, you have to write to USCIS to re-initiate the 485 application. What is the reason for I140 denial? Go see a lawyer as DIY in these circumstances is not good.

[amitanshi]

I-140

Thanks for the advice, by the way the reason for denial is that the USCIS didn't receive the evidence of my degree.

[txh1b]

If you had indeed responded to the RFE, then if all else goes well, you could get approved. If the attorney messed up and the eval was not sent, you are outta luck.

[amitanshi]

Documents required?

My attorney is working on it I have to submit it by the 11th of January, I gave him my marks sheet and the photocopy of my graduation degree, other than that I don't know what else to be submitted, is it possible for you to tell me exactly what else to be submitted besides these documents so that I could review myself if we are not missing any other document.
Thanks