485 withdrawal/H1 status please help

[doesitmatter]

Hello,
See signature below for my details. My fiance and I are UNABLE (who lives outside the US) to get married until May or June. I have tried every possible option...but its not possible. Trust me.

Since there is a chance my 485 may get approved prior to May I have requested withdrawal of my 485. It may not be the smartest move but I am hedging my bets on the fact that I have a valid H1 until Aug 31'07 and am currently premium processing an externsion until Jan'09. I am hoping to get my wife here on a H4 in May and then refile 485 for the both of us. I know I am resetting the AC21 clock but I think its a risk I am willing to take compared to not being able to get my wife here for 5 yrs as a family based adjustment.

The 485 withdrawal request was filed on 2/22. So, its been 15 days since I have filed the 485 request and it looks like my case is stuck in name check. The immigration officer I spoke to at Texas SRC (using POJ method) requested me to fax a copy of the withdrawal letter to a texas number to the attention of a specific officer which I did. She however mentioned that the officer will look into my file when my Name check is cleared when they will see the withdrawal letter and then withdraw my 485. Is this consistent with your understandings?

My lawyer said that since we have filed withdrawal prior to approval of 485, that we have grounds to fight for revoking the GC even if it gets approved in error. Is this correct?

Does anyone know what happens if my GC gets approved (by mistake since I have already filed for withdrawal) and then they revoke it due to my request for withdrawal/or if they see my withdrawal letter after approval? Specifically, can I continue to use my H1 in that scenario? I know that the H1 is not valid after GC is approved, but what abt the case when GC is approved by mistake or is revoked later due to an error? Can we continue to use the H1?

ANy other suggestions you have to help would be most helpful.

 

[wbd]

You want several things at the same time. The key thing is to find out if your name check is cleared or not, which affects how soon your 485 will be approved. If namecheck is cleared, your approval is very likely since TSC is processing cases received by August 26, 2006. And now your case is in the hands of an officer.

So make an Infopass and find out your namecheck.

Your H1 is not valid after approval of your 485. I do not know what happens to your H1 after the approval is revoked.

Good luck

 

[doesitmatter]

Thanks. yes, my case is stuck in name check, according to info from immigration officer I spoke to using POJ method.

So, the case that concerned me the most was the scenario where...

1. Name check gets approved (I hope not for next 6 months)
2. My GC gets approved without them looking at my withdrawal request which they have now had for 15 days
3. H1 gets out of status
4. They process my 485 withdrawal request and revoke GC

which leaves me with no real status

I now think after some browsing that I might have imagined too much:

caseA. if 2 happens there will be grounds for me to fight that it was in error and hence retain H1 status

caseB. Even if case A does happen, I dont think they can "revoke GC i.e permanent residence" using a 485 withdrawal request...I would have to abandon it using some other procedure....hence I shldnt be in trouble for being out of status.

experts please suggest your thoughts?

Thanks!