AC21:worst case scenario, if it gets denied

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marlon2006

Registered Users (C)
Imagine I change jobs under AC21.
Then for whatever reason or mistake, USCIS 'denies' my I-485 processing due to misunderstanding on the 'same or similar occupation' rule.

Is it possible to appeal and reinstate the process of the I-485 ? Assume I would be on EAD only, no H1B.

I think that once I-485 AOS is denied, you would start to accrue unlawful status, but I am wondering what happens to the EAD. Is that still valid to allow you to continue to work until the appeal is in order ?
 
marlon2006 said:
Imagine I change jobs under AC21.
Then for whatever reason or mistake, USCIS 'denies' my I-485 processing due to misunderstanding on the 'same or similar occupation' rule.

Is it possible to appeal and reinstate the process of the I-485 ? Assume I would be on EAD only, no H1B.

I think that once I-485 AOS is denied, you would start to accrue unlawful status, but I am wondering what happens to the EAD.
-----------EAD,AP is denied/invalid
Is that still valid to allow you to continue to work until the appeal is in order ?
Click to expand...
EAD, AP are based n pending I-485, if I-485 gets denied EAD AP are invalid. You can file MTR or go for appeal if I-485 is denied and gain it depends on the reason for I-485 denial. If one maintains valid H1 status and I-485 gets denied one can remain on H1 and that is the reason many keep on extending H1 status as good back up plan
 
Ginnu,

But, if H1 extension is based on Pending AOS, then H1 will also be denied.

my lawyer told me that..in this scenerio if you apply for MTR or appeal for I485 and appeal is still under processing, we can extend the visa but not EAD and AP.
 
luckyandcurious said:
Ginnu,

But, if H1 extension is based on Pending AOS, then H1 will also be denied.
------------- if H1 extention was approved BEFORE I-485 gets denied then H1 is valid but you may not get next H1 extensions
my lawyer told me that..in this scenerio if you apply for MTR or appeal for I485 and appeal is still under processing, we can extend the visa but not EAD and AP.
Click to expand...
 
Extention or new visa ??

Ginnu,

If somebody wants to use AC21 through Employer X (not current employer), can we file for H1 extention through the employer X as a back up plan, but work on EAD with that employer X.

Would it be an extention or new visa???
 
luckyandcurious said:
Ginnu,

If somebody wants to use AC21 through Employer X (not current employer), can we file for H1 extention through the employer X as a back up plan, but work on EAD with that employer X.
------------- you want to use AC21 (X employer letter of future job for pending I-485) X can file H1 extension if you join him on H1 status
Would it be an extention or new visa???
Click to expand...
 
I'm working on EAD and my I-485 is denied as my previous employer revoked an approved I-140. My current employer also filed my H1-B based on an approved I-140, but I'm working on EAD. Would that be approved at all????If approved, can I get back to H1-B.

My wife started using her EAD since Apr 2005 and I started in Aug 2006. Since my 485 is denied, I believe her status is also in jeopardy. I did not receive any notice on her case. Neither did I see any LUDs or message changes on our EAD, AP.

I already filed MTR and it is in USCIS hands now. Please let me know what my options are.
 
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