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Case Stories
❌ EB-1C I-485 Denial + NTA - India/Unknown PD Unknown - EAD Gap During COVID
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❌ **Case Status: Denied**
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An EB-1C applicant with an approved I-140 and I-485J had their I-485 denied due to a gap in EAD renewal during the COVID-19 period. The applicant did not work during the gap while the I-485J was pending. They have now received a Notice to Appear (NTA) and are seeking options to move forward.
An EB-1C applicant with an approved I-140 and approved I-485J received an I-485 denial due to a lapse in EAD renewal exceeding one year. The gap occurred during the COVID-19 pandemic while the applicant was awaiting adjudication of a concurrent I-485J (job portability). The applicant reports not having worked during this period. Following the denial, USCIS issued a Notice to Appear (NTA), placing the individual in removal proceedings. The applicant is now seeking precedent cases and legal options to contest or resolve their immigration status.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1uamljs/eb1c_nta/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Cases involving NTAs after I-485 denial due to EAD gaps are serious but not necessarily final. Key considerations: (1) If the EAD gap exceeded 180 days and the applicant was out of status, USCIS denial is consistent with policy, but COVID-era regulatory flexibilities (e.g., automatic EAD extensions) may be relevant defenses. (2) An NTA opens immigration court proceedings where an immigration judge independently reviews the case — this is separate from USCIS and can sometimes result in relief the administrative process did not allow. (3) Job portability under AC21 (I-485J) protects the underlying I-140 but does not shield against status violations from EAD lapses. (4) Consulting an immigration attorney immediately is critical — motions to reopen, appeals to the AAO, or relief in immigration court (e.g., adjustment of status before an IJ) may be viable paths depending on the full record.