NIW declined-Used EAD-H1B visa?

It sounds like you applied for an EB2 based national interest waiver (NIW)? I am also guessing that you recently completed studies over here in order to secure an OPT extension. There simply is not enough information provided to guide you through what may/may not be your best options. It is great news that the University will sponsor you. Was this a STEM-OPT extension? Did you secure an advanced degree or just a bachelors? Absolutely you could appeal, but on what basis was your EB2 denied? You could also file an asylum petition; that would include EAD if a credible fear could be established. Iran is a rather volatile country and asylum claims have an excellent chance of approval. Feel free to reach out to our firm to discuss further. We're available on the weekends and would be glad to help. We specialize in immigration defense (specifically in removal and asylum/withholding/CAT proceedings), but have extensive background in employment and family based petitions as well. Sean Hanover, Esq. Hanover Law [email protected]

I need more information to be sure, but I will do my best to answer your questions. 1. Your status might still be a F-1/OPT if you have not used EAD to work or AP to travel, or USCIS has not terminated your F-1 status when it denied your I-485. 2. The University needs to file the H-1B asap. 3. You might or might not be able to use your EAD to work. It depends on how the I-485 is denied. If USCIS revoked the EAD before it denied your I-485, then you can not use your EAD while the motion to reopen the I-485 is pending.