7th year extension and 485 denial

D

dsugandhi

Registered Users (C)
Hi,

I am suppose to file I-485 and H1 7th year extension soon.

my questions are

1. If my I-485 some how gets denied or revoked, does my H1 7th year extension is invalid because of underlying I-485 is denied?

2. If I use AP to re-enter country, does it mean my 7th year H1 is invalid or I can still work for the same employer on earlier approved but not stamped H1?

3. My spouse is on valid stamped H1 since 2004, if we file 485, EAD and AP for her and leaves US before approval of AP, can she re-enter US using valid stamped H1? In such a case what happens to her pending I-485, EAD and AP?

4. What if my spouse maintains H1 status. We file just 485 without EAD/AP based on my approved I-140. If she goes out of US and comes back on valid stamped H1 what happens to her pending 485? What happens if her 485 gets approved while she is out of US but has valid H1 can she re-enter using H1 and later get her Gc based on approved 485?

Thanks for your answeres and suggestions,
 
dsugandhi said:
Hi,

I am suppose to file I-485 and H1 7th year extension soon.

my questions are

1. If my I-485 some how gets denied or revoked, does my H1 7th year extension is invalid because of underlying I-485 is denied?

No.

2. If I use AP to re-enter country, does it mean my 7th year H1 is invalid or I can still work for the same employer on earlier approved but not stamped H1?

Yes, you can continue work with you current employer on H1 (EAD not required) after coming in US using AP. You can also extend H1.

3. My spouse is on valid stamped H1 since 2004, if we file 485, EAD and AP for her and leaves US before approval of AP, can she re-enter US using valid stamped H1? In such a case what happens to her pending I-485, EAD and AP?

She will be on H1 Status & no effect on I-485, EAD or AP as H1 is dual intent Visa
4. What if my spouse maintains H1 status. We file just 485 without EAD/AP based on my approved I-140. If she goes out of US and comes back on valid stamped H1 what happens to her pending 485?

Nothing happens to pending I-485 as H1 is dual intent Visa

What happens if her 485 gets approved while she is out of US but has valid H1 can she re-enter using H1 and later get her Gc based on approved 485?

this is a little gray area, in some cases (only in some) it may be a problem entering US on H1 is her GC gets approved while she was out. What you can do is send her green card ones you get it, or send her the Green Card approval letter which she can show to local consulate to get travel permit



Thanks for your answeres and suggestions,
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