485 is denied, i 140 is approved. Applied for H1 Extension

raghu.nila

raghu.nila

New Member
Hello Rajiv,
I changed the company and currently working in valid H1 b visa. Got this extension using I 140.
Upon reentry, My 485 got denied because of proper reason. (Status is not maintained for more than 185 days). Was out of status for a year.
On August 2020, I have applied for H1 Extension based on I 140, And My 485 got denied on same month.
Do I get H1 Extension?
What options I have to maintain the current status ?

Please help.

Thank in advacne,
Raghu Nila
 
You shouldn't have a problem getting H1b extension.

And you should be able to file I-485 again, since you have a new admission, so the INA 245(k) 180-day clock resets.
 
newacct said:
You shouldn't have a problem getting H1b extension.

And you should be able to file I-485 again, since you have a new admission, so the INA 245(k) 180-day clock resets.
Click to expand...

Can you help me out on this. My current attorney says USCIS may reject refiling 485.
 
Why would they reject the new I-485? They rejected the last one because you had been out of status and you didn't qualify for INA 245(k) because you had been out of status for more than 180 days since your most recent admission before filing the I-485. But if you file I-485 now, you would qualify for INA 245(k), because you have been out of status for less than 180 days since your most recent admission now.
 
Do you mean you need a lawyer? I am just volunteering to answer questions, but maybe other members can suggest a lawyer. You can also try the law offices that run this website. If you are confident in your ability to fill out the forms, you can file yourself.
 
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