485 / H1 Question - Plz advice

A

AaAbLautChalein

Registered Users (C)
My first 3 years H1 is expiring in Sept 2003 and looking at the current strict immigration situation I want to re-new my H1 ( premium processing) and not opting EAD for work .. Re-new of H1 will atleast assure my stay for next 3 years in US.

But my Lawyer says that if in case GC/485 is denied in future then my H1 visa will also go down with it .. .. IS THAT TRUE ? If I get a renewal H1 visa and GC is denied ( lets guess .. thought it shud not ) would that put an end to my H1 Status also ?? CAN I CONTINUE TO WORK ON H1 IF GC IS DENIED ?

Also he says H1-Renew visa may be denied on the grounds that my 485 application is pending ??

Gurus .. please calrify .. ( I think he is just trying to save company's money which they will have to spend for H1-renewal)
 
H1-Renew visa may be denied on the grounds that my 485 application is pending ??

<-- Thats bullshit, I had my visa renewed.
 
Neither H-1B visa extension can be denied just because of AOS pending nor H-1B status can be terminated just because AOS is denied.

In fact, H-1B is perceived as a "safety net" for AOS applicants, because it allows for a legal status in the country should AOS be denied.

And we are talking about AOS here. CP is a bit different in regards that H-1B visa can be revoked (with or without prejudice) by a consular post where the CP has occurred.
 
H1 can be renewed while AOS is pending. My H1 was renewed while AOS is pending. H1 renewal can be denied on other grounds but not due to pending AOS. Secondly, H1 status will not be terminated if AOS is denied. As far as I know, if AOS is denied, it only means that the status adjustment from non-immigrant or temporary to immigrant or permanent, is denied. One can continue in non-immigrant status, that is H1.

sunamb

wac-02-069-XXXXX
 
sunab its not that straightforward.. the reason for denial could invalidate the H1 too. so its kind of a grey area. Apart from that you are spot on H1 cannot be denied because 485 is pending..
 
Originally posted by Soumy
the reason for denial could invalidate the H1 too.
Click to expand...

Not necessarily. In order to "invalidate" your H-1B you have to break at least one of the terms and conditions associated with H-1B use. Which are different from whatever AOS is about. Therefore, save a couple of nasty exceptions, H-1B is generally preserved intact should AOS be denied.

However, questions may arise should you try to leave the country and then attempt to re-enter. It is when the reason for AOS denial may start playing a bigger role in the whole mess with H-1B. Stamp renewal in a consulate abroad will most likely question this, too.

---

And this is not a gray area. Each case has its own particularities and may be played differently depending on circumstances. But it is definitely not a gray area.
 
Visa stamp in USA itself

Bitterman,

Correct me if I am wrong
"We can get re-new H1 visa stamp in without leaving USA"

http://www.immigration.com/faq/hvisa.html#226

A37 First step: you have to obtain the form to fill out, by writing to:
US Department of State Visa Services
P.O Box 952099
St Louis, MO 63195-2099

Fax: 202/663-1608.

You need to say that you want your visa (stamp) reissued, and
would like copies (specify how many) of the appropriate form,
which I believe is Form DS-156 and DS-157 for male applicants is must. . You must also enclose a self-addressed and stamped
envelope for them to send you the forms & instructions.
Second step: You should receive instructions along with the form.

In summary, the things that need to be sent back to the above
address are:
1) Your passport containing the stamp that's to be renewed;
2) The form they sent you (DS-156 and DS-157);
3) The original of your I-94, not a copy;
4) A copy of your petition approval (I-171C or I-797);
5) Letter from employer;
6) Another stamped self-addressed envelope with enough postage
for the return of your passport (courier service could
also be used).
7) A check for the renewal fee [for H1B fee it was $100 .It could have changed now.]
Six weeks is the normal processing time.

[Index] [Compiled by Law Offices of Rajiv S Khanna]
 
AaAbLautChalein,

it occurs to me that you are confusing the actual visa and a stamp in the passport. Washington will renew a stamp in the passport only, you must have an extension prior to sending them any of the documents.

On a side note, you don't need a valid stamp to legally hold a non-immigrant status in the country. The stamp is necessary if you will try to leave and re-enter the States.

---

Umm... it says "six weeks"... The word on the street says it is more like eight to twelve weeks. And those weeks are "business day weeks", which means that the actual wait will be even longer than that.
 
Whats in a name ...

Whats in a name ... :D .. all of us are actually dying for GC

Silly man - Not at all Silly - Infact today he is moderating this forum
Bitterman - Quite a helpful person
Dumbo - I guess he know quite a lot by now
BCIS_Chamcha , etc ...
and the worst of all names = Aa Ab Laut Chalein , despite that : I am standing in this long line of GC seekers....

Mannn ! CSC Sucks
 
to add to it
bankebihari123 - i am not from Bihar

but CSC has given me this feeling like i am IN BIHAR....
so my nickname bankebihari123
 
140 takes 4 ever - his 140 was quick .. but 485 is stuck.
junior_member - actually a senior member now
 
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