will problem on H1b affect 485

D

desi2007

Registered Users (C)
I am having problem with my first H1b renewal. They have raised RFE requesting all sorts of documents from the company. I am not sure why this happend. The coy has been in good shape . I have been paying texes etc.I have been with the coy for more than three years with proper pay stubs etc.Their queries include pictures of office space and w2 of each employees etc. Its sort of harrassment.
I have an approved I140 and pending 485. I have also got EAD and passed 180 days.
My question is the following:
If my H1b renewal is refused for whatever reason will it affect my approved I140 and 485?.

should I use AC21 and change coy to save my 485.
 
desi2007 said:
I am having problem with my first H1b renewal. They have raised RFE requesting all sorts of documents from the company. I am not sure why this happend. The coy has been in good shape . I have been paying texes etc.I have been with the coy for more than three years with proper pay stubs etc.Their queries include pictures of office space and w2 of each employees etc.

Its sort of harrassment.

-----------------------------It is not harassment, may be the company in past violated H1 law/regulation or may have not paid H1 wages to some employee in past, may be company kept employees on Bench in past, may be some complaint against company is pending with DOL, may be they filed many H1 in past. USCIS by asking company documents is making sure that company in past has not violated H1 law and eligible to file H1 extension and can pay the employees .
DOL or USCIS can also investigate the LC filed by company. Asking W2 means they want to make sure the company paid wages according to LCA to all H1 employees.

I have an approved I140 and pending 485. I have also got EAD and passed 180 days.
My question is the following:
If my H1b renewal is refused for whatever reason will it affect my approved I140 and 485?.
--------------------NO, but if USCIS investigate the LC and find some info wrong on part of you or the company USCIS can revoke the approved I-140

should I use AC21 and change coy to save my 485.
------------------that is upto you and if you change better join with H1 transfer
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desi2007 said:
If my H1b renewal is refused for whatever reason will it affect my approved I140 and 485
Click to expand...

Some reasons could affect your pendig I-485 for sure (e.g fraud) and others could not. There are cases of revoked I-140 because of problems discovered latter on in their visa applications. Every case is different, just send the required documents and see.
 
thanks guys.
I cannot transfer H1 now as it has expired and I am waiting decision on the renewal(renewal was filed before H1 expired). I am relying on my EAD in case of an h1 refusal. In the event of a H1 refusal, I can use EAD and using AC21 change the employer right?. Then it "will not be impacted by the underlying I140" as long as the new employer sponsor show willingness to sponsor right?. There is no major fraud, but I am worried that the coy may not be able to provide all the details(some leasing info regarding the building for the past year etc).
 
desi2007 said:
thanks guys.
I cannot transfer H1 now as it has expired and I am waiting decision on the renewal(renewal was filed before H1 expired). I am relying on my EAD in case of an h1 refusal. In the event of a H1 refusal, I can use EAD and using AC21 change the employer right?. Then it "will not be impacted by the underlying I140" as long as the new employer sponsor show willingness to sponsor right?. There is no major fraud, but I am worried that the coy may not be able to provide all the details(some leasing info regarding the building for the past year etc).
Click to expand...

We are seeing lot of H1B denials recently. All USCIS is doing is passing these cases to Fraud prevention unit. But if the company is found fraudulent and USCIS revokes I-140 you cannot use the AC-21. In any case your company may be getting LC audit in near future.
 
what should i do now. If H1b is refused now I have to use EAD. should I wait to until I hear about my 485 or should start a new H1b in next October?
I cant understand what all things one has to do (legal working people) just to survive visa problems in this country. I thought using H1b as a back up, was best decision. Now I regret about it.
 
desi2007 said:
what should i do now.
------------------------Your H1 Ext is NOT denied at this time and USCIS has asked documents from company and once USCIS gets the documents then they will make a decison for your H1 extension. at this time you are on H1 and no need to use EAD

If H1b is refused now I have to use EAD.
----------------------------wait till your employer gets update from USCIS for your H1 extension
should I wait to until I hear about my 485 or should start a new H1b in next October?
I cant understand what all things one has to do (legal working people) just to survive visa problems in this country. I thought using H1b as a back up, was best decision. Now I regret about it.
Click to expand...

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