can one change to H-1B if 485 is rejected ?

[atatat]

gurus,

have anyone know if it is legal to go back to H-1B if for some reason, i485 is rejected ?
thanks
atatat

 

[Vivekm]

Yes.

There are two scenarios:

1) You already were on H1b (then you can stay in this country as long as your H1b is valid)

2) You are working on EAD but still have time left on your 6 year limit so you can utilize that time now. You will have to change your status back to H1b in this case.

 

[asdasd]

Not easy

Usually it is not easy to go from 485 to H1...

Especially trying to get a new H1 or an extension have maximum chances of getting rejected as U have already shown UR INTENT to "IMMIGRATE" by filing for 485.

 

[immi007]

H-1 is dual intent

H-1 is a dual intent visa, that means it is assumed that your intention is to immigrate. That can't be a ground for rejection otherwise most of the 485 would be rejected as they are in US on H-1.

 

[asdasd]

Thats new to me

This is new to me....
I was always under the impression that H1 was denied if they know that the applicant has a intent to immigrate...

Thanks for clearing it

 

[atatat]

thanks guys

 

[immi007]

Intent

asdasd:

Just to add, for that matter, F (student) and B visas (tourist, business) fall under the category you mentioned - . They were issued under the assumtion that your intent is NOT to immigrate. Thus, if someone is on F-1 or B-1/2, and applies for the GC, there are very good chances of rejection.