H1 and concurrent filing

E

EB1NIW

Registered Users (C)
Hi, everybody. I listen to some news about concurrent filing. For example, you are a H1B1 visa holder.

a. If you file I-140 alone, then I-140 was rejected. It doesn't affect your H1 visa.

b. If you concurrently file i-140 and I-485 together, then I-140 was rejected. Your H1 will definitely be invalidated.

Is it true? Could anybody answer me?
 
Originally posted by EB1NIW
Hi, everybody. I listen to some news about concurrent filing. For example, you are a H1B1 visa holder.

a. If you file I-140 alone, then I-140 was rejected. It doesn't affect your H1 visa.

b. If you concurrently file i-140 and I-485 together, then I-140 was rejected. Your H1 will definitely be invalidated.

Is it true? Could anybody answer me?
Click to expand...


For the case you have written here, it is not true. However, things get sloppy if you have filed EAD and used it. If the I-140 gets rejected, then some sort of legal help may be necessary.

Brian
 
To be on safe side in discretionary (hope I spelled it right!!) categories like NIW, you really need to stay on H1 and not use EAD.
 
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