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I have an approved I-140 and Pending I-485 and I didn't know that I have to have an EAD so I never got one, when my H-1b expired my lawyer says its optional to renew it so I didn't renew it, then when we got the rfe for the I-485 we discovered that so we filed an H-1B NUNC PRO TUNC to accommodate the period I had no authorization, the H-1B was approved for only one year not 3 and for consular process not change of status, my question is can I file to reconsider with an expedite request? my lawyer says there is a difference in law between the one who worked without authorization before the filing of the I-485 and after. I am not sure how true is this and can this be used for the I-485 to get it approved ?