EAD to H1B after 485 deniel

B

Bindaas

Registered Users (C)
Company A sponsored GC and as well sponsored H1 B(Valid for next 2 years, Total 6+2 years)
Person changes company A to Company B after 180 days in 485 stage.
After few days I 485 Denied.
Can that person go back to Company A and start working on H1B that is valid for next 2 years?
If not, what other options does he have?

Thanks
,
 
I think it may be possible if Company A had not cancelled your H1B(informed to USCIS).

Had you been In Company A and your I-485 been denied, you would have been OK.
Denial of I-485 means that they are not changing your status from H1B(if you have) --> GC. So you are back on H1B.

Ask your Company B to file H1B, if possible and before that consult Lawyers.
(Consult 2-3 Lawyers just by paying consultation charges and then hire one.)

Good Luck.
 
maybe not

You will be in immigrant status by using EAD, and will be forced out of the country after I485 is denied.

You can re-apply H-1B visa outside USA.

This is why we must use H-1B instead of EAD, remain our non-immigation staus, and if I485 is denied, we can still stay here to appeal the result. otherwise, we must be out of USA IMMEDIATELY.

From the view of my lawyer, not a legal advice.
 
If one have to go out of the country, is there any time limit set for come back, in other word, will one have to stay out of the USA for 1 year to come back.
Is there any way that company B applies for H1B and one switch back to H1B from EAD before the 485 denial decision is made?
 
AC21 - it's over 180 days

Bindaas -

From what I see, it seems to me that Company A has informed USCIS to cancell your I-140 petition. Since it has been over 180 days since I-485 was filed, I do not think USCIS can cancel I-485.

However, since your I-485 has already been denied, I think the person should consult his/her immigration attorney to file Motion to Reopen with USCIS, stating the I-140 portability and AC21. Look under thread under AC21 portability for more details and the person should consult Rajiv.

Japanese
 
Originally posted by Bindaas
Company A sponsored GC and as well sponsored H1 B(Valid for next 2 years, Total 6+2 years)
Person changes company A to Company B after 180 days in 485 stage.
After few days I 485 Denied.
Can that person go back to Company A and start working on H1B that is valid for next 2 years?
If not, what other options does he have?

Thanks
,
Click to expand...

I thought H1-B's are extended under AC-21 only by one year at a time. How did you manage a two year extension?

With respect to your question, once you avail AC-21 and move to company-B using your EAD, you are no longer on H1-B. Your status has changed to that of an adjustee. If your I-485 is denied for whatever reason, you are allowed the usual motion to reconsider, etc. and once this phase is over, unless you file a lawsuit in federal court questioning the immigration appeals board's (I hope I have that right) decision, you are allowed only a minimal period (say, a few weeks) of lawful stay in the country to facilitate removing yourself in an orderly manner.

In fact, even if you did not move to company B using your EAD, your H1-B extension under AC-21 would become invalid once your I-485 is denied as the normal H1-B six year limitation would begin to apply. I am not a lawyer, but from the imprecise knowledge I have garnered on these forums, my understanding is that you can revert back to an available H1-B only if you have never used your EAD, and your I-485 denial occurs before the six year clock has expired.

I believe you have to then allow at least one year to elapse outside the country before you are eligible to apply for another H1-B with a new six year clock.
 
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why can I-485 be denied?

Hi

I assumed that all I-485 will be approved because it is just a format adjusting our status after our GC application got approved through I-140. Can anyone tell me what the possible reasons that they deny our I-485 applications?

Thanks!
 
yueyue,

I am not sure what gave you the impression that it is just a formality. There are a long list of requirements that an applicant needs to satisfy to be able to adjust their status and failing any one could result in denial of AOS, although usually, a denial will be preceded by an intent to deny allowing you to present further evidence and also prepare for an appeal (motion to reconsider). The most crucial of these requirements have to do with the availability and nature of the 'proferred position' and related conditions of employment. You can search these forums for other issues which have caused denials.
 
Bindass,
Your message is NOT very clear as why it has been denied? This is very important to know before anyone can assess the situation. First, you shuld have receieved the notice for denial and NOT the DENIAL!! You can use AC-21 Portability after 180 days is ellapsed after your filing 485. In that case, you can simplyt use this. Now worse comes to worse, you can do MTR (Motion to Reopen the case) which usually should be done in certain days after you receive the intent to denial letter.
so much for now,aghajan
 
Thanks a lot guys for your help.

aghajan:
My I485 is not denied yet, I was just asking to be prepared for it, as I am sure my Ex-Emplr will think of revoking the I 140. I want to explore all the options I have in case..,

Sankrityayan: I really appriciate yr reply.
I actually didn't try to get 2 yrs extension, it's INS who awarded me, I was in a misconception that I will be able to come back to H1B in case.., but you cleared my doubt.

I have one more question, In case of denial, as you know my 6 yr has passed, do you think I will still be able to stay in this country and work legally If I opt for Lawsuite on INS or request for Motion, until further decision made on the above?
 
Even if you received an extension for two years by mistake, you can not assume that you have two years. You are required to report the mistake and, to maintain your status, in case you are on H1 currently, should apply for an extension in time before the first year on your H1 expires. Of-course, you have the option of using a valid EAD instead if you so choose.

Normally, when you appeal INS's decision, you will maintain status and can continue with your employment. However, there may be restrictions on this and it is best to check with an experienced attorney. Your attorney will want to ask the court to stay all proceedings that would normally commence upon the denial of your previous appeal until your new petition can be decided. However, I am not sure if such a stay is granted in all cases.
 
another question

Thanks for replying my question. I have another question about job change after I-485. Right now I have a stable job but I want to move to another state and find another job due to family reasons. My question is how risky this job change is in terms of obtaining the approval of I-485?
I assume I would be fine if I don't change my employer. But if I find a job in similar occupation would I also have a strong case to get I-485 approval?
I'd appreciate your reply!
 
Re: another question

Originally posted by yueyue
Thanks for replying my question. I have another question about job change after I-485. Right now I have a stable job but I want to move to another state and find another job due to family reasons. My question is how risky this job change is in terms of obtaining the approval of I-485?
I assume I would be fine if I don't change my employer. But if I find a job in similar occupation would I also have a strong case to get I-485 approval?
I'd appreciate your reply!
Click to expand...

yueyue,

You can change your job to another 'similar' job anytime after filing your I-485 as long as it stays unadjudicated by the INS for six months from the receipt date. To be able to do this, you would have to invoke what we all have come to refer to as AC-21, which makes the I-140 underlying your I-485 portable. Your sponsoring employer (the one in whose name the I-140 is approved) can revoke the I-140 in the first six months after you have filed for your i-485, after which you are protected. You are also at risk if the INS adjudicates your I-485 within the six month period. Many people in these forums will say that this has a snowball's chance in hell of happening, but you ought to be aware of the risk. If you are seriously thinking of availing the portability accorded by AC-21, you ahould also know that the INS has conveniently not issued any rules/regulations for AC-21, and hence retain a fair degree of discretion in its implementation.

from your questions, I infer that you are new to these things. You may want to take the time to research your situation before taking the easy way out by posting your question. There is a lot of information on these forums and elsewhere on these issues, and research efforts yield great rewards, usually well beyond any answer you may be able to obtain by posting the question.

Good-luck.
 
Guys, Can I apply on New H1 after beign on EAD

Please help me with this,

I really expect my I-485 to be denied. I was on H1 for total of 4 years. I have been on EAD for one year. Can I apply for new H1 while my AOS is pending.

Thanks so much in advance
 
Originally posted by Bindaas
Guys ; Sankrityayan is always a great source of information.
I would highly gr8ful to you buddy.
Click to expand...

You may be right on the quantity, but I am not so sure of the quality! I have no hesitation in admitting that my information, having been gathered from forums such as these, is incomplete and sometimes untrue as well. So please make sure that you check the facts, and if you find any significant discrepancies, come back and post them here so we can all educate ourselves.
 
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