Future H1 visa application will be affected if the I-485 was denied?

6

6666

Registered Users (C)
Dear Friends,

This is my first to post message here. My husband filed I-140 along with I-485 for us. Unfortunately, we got the I-485 denial notice yesterday from vermont Center. Now I am working with my EAD based on my I-485 pending. Could anyone can help answer?

1. Will my contuning work with EAD affect my future application for H1 visa? I am working in company and H1 visa won't be available until Oct.

2. Can my husband re-file his NIW case and apply the new EAD for me?


Thank you very much for your answer me these confusing question.
 
6666 said:
Dear Friends,

This is my first to post message here. My husband filed I-140 along with I-485 for us. Unfortunately, we got the I-485 denial notice yesterday from vermont Center. Now I am working with my EAD based on my I-485 pending. Could anyone can help answer?

1. Will my contuning work with EAD affect my future application for H1 visa? I am working in company and H1 visa won't be available until Oct.


Once I-485 is denied, you cannot continue to use EAD. It will be considered as unauthorized employment, and you will not be able to change your status to H1 within the U.S. Also, whether you have maintained your H4 status once you used your EAD is an issue of debate. If the answer is no, then you have to leave the country and return with H4 (or H1)




2. Can my husband re-file his NIW case and apply the new EAD for me?

He certainly can, but apparently he needs some new strong evidence to support his application.




Thank you very much for your answer me these confusing question.
Click to expand...
 
Last edited by a moderator:
6666 said:
Dear Friends,

This is my first to post message here. My husband filed I-140 along with I-485 for us. Unfortunately, we got the I-485 denial notice yesterday from vermont Center. Now I am working with my EAD based on my I-485 pending. Could anyone can help answer?

1. Will my contuning work with EAD affect my future application for H1 visa? I am working in company and H1 visa won't be available until Oct.

2. Can my husband re-file his NIW case and apply the new EAD for me?


Thank you very much for your answer me these confusing question.
Click to expand...
Did they specify the reason for denial? If you think they made this decision in error, you could file a motion to reconsider and attempt to re-open the case.
 
We have not received the I-140 notice and do not know the reason. But what does the motion mean? If we file a motion, can I still use my EAD for work? Thanks
 
6666 said:
We have not received the I-140 notice and do not know the reason. But what does the motion mean? If we file a motion, can I still use my EAD for work? Thanks
Click to expand...

Does anybody have any info on this? Can you keep using EXISTING EAD while an appeal is pending?
 
You probably can

As per previous posts in some other threads, scince you get notice for MTR you still can use your old EAD
Because H1 is double intent visa, so technicaly your husband can re-apply for H1 but he has to go back to his native country to get it stamped. It is wise to wait till MTR will be in effect and leave on advance parol.

Of couse, it would be very interesting to here from people with real experience as such.
 
Last edited by a moderator:
Your husband filed I-140 NIW, I-485 you filed derivative I-485 and EAD got EAD and started working on EAD and now I-485 is denied
What is the reason for I-485 denial? Did they deny his I-140? Because if I-140 gets denied then I-485, EAD AP all get denied and your EAD, AP is invalid
2. Can my husband re-file his NIW case and apply the new EAD for me?
---------You need to post the reason for I-140 or I-485 denial, if I-140 is denied in EB1 or NIW and they don’t find that your spouse qualify for NIW or EB1 then you can go for MTR only if your husband can provide more evidence that he is qualified for NIW I-140 (very less chance of approval if go for appeal, go to very good lawyer)

What is the status of your spouse at this time, is he still on H1 status or O-1 status
Did your husband also use EAD?

· if your spouse is still maintaining H1 or O-1 status he can stay and you better stop using EAD, go out of US get H4 or O-3 based on your spouse Valid H1 or O-1 and enter US.
· Your husband need to see a good lawyer who deal with NIW and EB1 cases
 
You must log in or register to reply here.
Top