485 Denial and H1B Time Limits

[I Have Patience]

Hello!


Suppose a perosn is on H1B and after 3 yrs on H1b, he gets his EAD and he switches to it/ He uses it for say 2 years. I understand, H1B gets invalidated meanwhile.In the most unfortuante situation of 485 being denied and the person wishes to sitch to H1b then

1.) Will the counting for H1B start afresh or from 3 years
2) can he go back to same H1B(provided the stamp has a validity period left) or he has to apply for fresh H1
3.) Is there a period during this transition to H1B that the person involuntarily becomes illegal?

 

[jaxen]

1. Only 1 year of H1B available
2. that too a new H1, not a H1 transfer
3. Yes period between I485 denial date and H1B approval date.

 

[I Have Patience]

Jaxen,

refer to point no 3 in your answer . How can the person avoid this illegal status ?Since h1B are taking long time, then say if 180 days pass-I guess 3 year bar wil hit.Is there any way to avoid it ?

Please expalin!