Is it possible to revoke an APPROVED I485 and go back to H-1B?

[Lithium]

Dear All,

I am a bit hazy about where I should post my question ... anyway here it comes!

(1) I am wondering if there is A way to revoke my APPROVED I-485 and still maintain an approved I-140 and possibly re-file a new I-485 later on?

(2) My current H-1B is valid through mid of 2008.

(3) Is it a mission impossible? have somebody out there done the impossible and unthinkable?

(4) What would be the consequence upon revoking an APPROVED I485 ?


The reason of intending this drastic action is that I would like to maintain my current H-1B status for bringing my spouse over on H4.

thank you guys!!!

P.S.
I-140/I-485 concurrently filed @VSC in 9/2005 EB-1(Outstanding Researcher)
I-140 approved in 4/2006
I-485 approved in 8/2006

[GotPR?]

I think it's mission impossible. You can abandon you LPR status by filing I-407, but you have to start over whole process from LC or I140(in you case).
If you can go w/ EB1, it may not be bad idea, though.

[hipka]

Originally Posted by Lithium

Dear All,

I am a bit hazy about where I should post my question ... anyway here it comes!

(1) I am wondering if there is A way to revoke my APPROVED I-485 and still maintain an approved I-140 and possibly re-file a new I-485 later on?

(2) My current H-1B is valid through mid of 2008.

(3) Is it a mission impossible? have somebody out there done the impossible and unthinkable?

(4) What would be the consequence upon revoking an APPROVED I485 ?


The reason of intending this drastic action is that I would like to maintain my current H-1B status for bringing my spouse over on H4.

thank you guys!!!

P.S.
I-140/I-485 concurrently filed @VSC in 9/2005 EB-1(Outstanding Researcher)
I-140 approved in 4/2006
I-485 approved in 8/2006

Why not try to get her on F-1 or H-1 ? That would be better for both of you.

[Raj1994]

Was your marriage was before the I485 approval date? Then it is relatively easier to get her the GC. Just making sure you are not missing this.

When you abandon your GC and file a new one, would your employer sponsor you for OR? Self sponsored EA ia tougher to get than OR, but that depends on your credentials. Also, your H1B is invalid after the I485 approval. To continue working and remain in the US, your employer must file a new H1B possibly after your GC is cancelled. Seems like there are more questions to think before making a decision.

If you are still unmarried, you might ask your future spouse to apply for an F1 before the marriage, which might be easier to get than after marriage.