A hypothetical situation....

D

dwl800

Registered Users (C)
Gurus,

A hypothetical situation....
My first 3-Year H-1B expires in August. My 140 is approved and 485 is pending. EB-3 Priority date is March 2003. Now lets say if my 485 is denied (well pessimistic attitude) in 2006, then can I renew my H-1B for another 3 years.
I dont want to renew my H-1B right now due to some reasons.

What do you guys suggest?

Thanks,
dwl800
 
Very interesting thought !!

For a second i thought,it would work. But buddy,nope !! Once you move to EAD, u are losing the H1-B . And for any reason,if the I485 is denied, you will have to go back to your home country and re-apply for H1-B. That is the reason,why more people have a backup of H1-B.
 
Thanks

OK, so if my employer is willing to apply for a new H-1, its possible right? I mean I can go to India for a month. Meanwhile H-1 can be filed with premium processing. Then I can safely return here after approval....! What do you think?
Just curious..on how do guys see this situation....
 
As per my knowledge, once someone starts working on EAD, the status is changed from H1 to EAD.

If 485 is denied for some reasons, status is automatically terminated. In such case, one can apply for another H1 (doesn't have to leave the country) since they had a approved H1 in the past six years. You can stay on H1 upto six years adding to your previous period, leaving out the EAD period.

Expert legal opinon is always good. Please check with some attorney.
 
confused

Is it OK to stay here once your i485 is denied and meanwhile you have applied for the H-1B premium processing after denial date of 485???
 
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