1-140 denial

G

gcprocess1

Registered Users (C)
hi ...

my spouse just got I-140 denial.so that means our ead is automatically cancelled.his company has reapplied for his i-140....

now is it possible that i can go ahead and work on seperate h1 ....(currently on h4) will that mean that ill have to get my name out of the original application??

secondly if we do get a new ead issued will it wise for me to use that ead?

and if its yes for both what is safer option to use ead or h1 or neither ,,,just wait and watch????


waiting for ur answer....
 
what do you mean by "now is it possible that i can go ahead....."?
I thought you could always convert from H4 to H1 and find a job. Somebody else, please confirm.

as for using EAD, always use H1 if you can.
If I-140 gets denied, you are in trouble if you are on EAD, since you will be out of status. On H1, you can always change jobs and will be in status.
 
I agree with waitingnwaiting, since you were using your EAD and ur spouse I-140 is denied now your EAD is not valid and you have to switch to H-1 to work unless your spouse files for an MTR.

Anybody agrees ? Looks like NSC is working purely on priority dates ?

Thanks Shyla

EB3 - NSC
140 RD -Sep 2004
485/AP/EAD RD - Dec 2004
FP 02/24/2005
EAD no updates AD : ??
AP AD 02/24/2005

Spouse FP 02/24/2005
Spouse EAD Approved - 02/16/2005
Spouse AP AD 02/24/2005

I-140 AD : ??
I-485 AD : ??
 
thx ....


well my spouse and his company did apply for 1-140 and ead again....lets c what happenes.....thats what i am confused , shall i wait another yr or go ahead and get h1....
 
I-140 appeal

Hi all i got my I-140 denied when i have applied in EB2, and my lawyer has appealed of it.My Question is,
How long will it take for Center to reply on this appeal?

Do they acctually approve once they have denied?

Any input would be appreciated.

Thanks
guddi007
 
It all depends on the case. Do you know the reason for denial? Is it education or ability to pay? Normally, if you appeal with a good reasoning, there is a chance that officer approves it without sending to AAO.
 
Thanks for the reply.

Yes my case was denied for both reasons, for my education and for my pay.
My attorney has submitted all the documents, that they asked for appeal.
What is that AAO?
 
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