485 and H1B

Q

qingshangreen

Registered Users (C)
Greetings,
I am an Canadian and working under TN. I have filed 140 (NIW) back on March 2007. As we all know that the good news came up today, we are able to file 485 for the month of July again, and it is obviously that we are going to wait for long time if we miss this golden opportunity, Therefore, I would like to file 485 even though my 140 is still pending. Questions: 1, if my 140 gets denial after my 485 filing, I would be in trouble on "dual intent", so could I apply 485 and meantime, apply for H1B since I am working in a University and there is no quota apply? let's say, my 140 gets denial after two months and my H1B gets approval by then, would I be in legal status without dual intent? or do I have to wait H1B gets approval then apply for 485? 2. can I apply 485 for myself, apply for my husband later? ( after my 140 gets approval), any disadvantage for doing that?
Thanks you very much for any comments. Your help would be sincerely appreciated.
 
File your I-485 for both your and husband. If your I-140 gets denied then your TN will still be valid, BUT you will not be able to leave the contry or renew it, so I hope you have some time left on TN.

Your I-485 will not be approved for a long time, so you will be on EAD (I would be filing for EAD/AP at the same time). I would only file for H1 if I-140 fails, since your TN would be almost finished.

I would NOT wait to file spouse's application, since as you already know, it could be months or years before he would be able to file. I assume you filed NIW because you are CH-born and thuis subject to greater retrogression in Eb2 or EB3. You getting GC while he hasn't even filed, is not an ideal situation.
 
Thank you very much for your replay, Nelsona.
my TN will expire on middle of next March, I hope I would have enough time to do this.

Thank you again
 
Nelsona – if her I-140 gets denied that I-485 gets denied automatically and she is out of status from that day on.
 
Thank you, Sometwo and TheRealCanadian, for your comments. would it work if I apply H1B and 485 at the same time, assuming my H1B would be approved before 140 denial? my husband had his H1B for about a year back five years ago, could he still use his number for apply new H1B visa? is there any other way to deal with this matter? your help would be sincerely apprecialted
 
As Real pointed out, your TN is still valid until it either expires, or you use your EAD to work instead of TN, and your AP to travel instead of TN (which you can't use).

Your H1 can be approved next week if you apply premium. My only question would be that, if you were entitled to H1 not subject to cap, why did you go on TN if you were going for GC, since it is so much simpler with H1. You certainly can apply for H1 anytime, regardless of what you do for I-485.

Yes, if you previously held H1 , regardless of how long ago it was, you can get H1 without being subject to cap (assuming the first one was), so long as you have not used up the six-year clock.

Y
 
Thank you again, Nelsona. I wasn't going to rush file 485 until 140 approval, but things changed so quickly, and I want to catch the train. The guys handle visa matter in the university I am working for are very slow, few people I knew got their H1B after more than two months even with premium process. One more question: can I switch back to TN after I switch to H1B if my 140 gets denial?
Thank you all for your help!
 
nelsona,

I am little confused by your " Only after your I-485 is completely out of the system", when would be concerned out of the system? how can I know it is out of system? your help is always appreciated.
 
It takes time for a failed AOS to actaully die. One gets a Notice of Intent to deny) which can be appealed.

There probably would be some time before than would happen.

In any event, you will not be able to just switch from EAD to TN in one day, so job is in peril. Go with H1, and stay on it.
 
You must log in or register to reply here.
Top