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See ---------- Sorry to hear by the way.

All very good questions/scenarios. I've seen a lot of misconceptions on these boards regarding these issues. Therefore, let's tackle them now. From a global perspective this is how it works. Having a valid h-1, h-4 allows one to stay in USA. H-1 allows person to only work with the...

Good work.

That's pretty intersting. Did the other lawyer say that the old amended 140 with a new employer is specific to applications without labor certification, ie., schedule a workers.

I've never handed in my i94 when departing to Canada or coming back into the States. The only exception is when I went to europe. In Ireland they made me complete a new i94. I told them I had never done that and my understanding was that as a canadian citizen I did not need a new i94. He...

when the program came out; uscis was aware that people may withdraw an earlier 140/485 and re-file so that they come under the pilot program. USCIS stated they would not allow this type of scenario.

Technical answer: NO There is no exception to anyone if they leave the country without an approved AP, unless they have another dual intent visa (such as h-1), ultimately if POE officer finds out they could deny 485. Practical answer: Since Canada is a visa waiver country POE would not...

Yes and no. If the 140 gets DENIED then 485 will also get denied and any applications associated with 485 will also get denied (EAD/AP). They would get reinstated if you appealed the 140 denial. You could continue to use EAD/AP in this scenario. However, it would be very difficult to renew...

I guess you could do that. I don't know why you would want to. The reason for filing on the same labor when your application goes to MTR is to save time. Since the MTR goes to the same adjudicator he/she may not want to approve and will then send to appeals which could take a year. The new...

This is a little misleading. You already had an approved AP that you were using when you were out of the country. The new AP was applied for and approved while the other AP was still valid. The situation is totally different when you do not have a valid AP and you are out of the country...

Thanks for the support guys. One of the things when I was deciding whether to "blow the whistle" was what it could do to potentially damage my greencard. I decided the risks were too great if I waited any longer.