how to be in safe side in case of 485 denial

[CarpenterEB3]

hello all,

this is my first message here, i have been looking this forum since 2-3 months.
my status is :

i have a 485 pending (on eb3 category). After I qualified for ac21, i changed my employer a month ago. My previous company is still sponsoring me for GC. everything looks fine right now but i want to be in safe side. just in case a bad INS reply. at this point what are my options to put myself in a safe side while my 485 is pending.

i have an american girlfriend, and we want to get marry soon . Can i start another case for family based GC while my 485 is pending?. or do i need to wait for 485 first?

if i get a denial of 485 for any reason , can i still get marry and apply for family based GC?

what is the procedure after someone get denied for 485 case? do they depart people right away or what?

i would like to know all other possibilities. (like to get a visa, or another company for GC or something else).

thank you very very much... and thanks for your advices already ...

confused Carpenter,

 

[e3umcd]

Options

hi,

look for the answer after each question. This is my personal opinion and please talk to lawyer before taking any step

i have an american girlfriend, and we want to get marry soon . Can i start another case for family based GC while my 485 is pending?. or do i need to wait for 485 first?
I guess you can. There is no law against filing more then 1 gc application.

if i get a denial of 485 for any reason , can i still get marry and apply for family based GC?
Yes you can start new gc application after you are married to your gf. You GF then will sponsor you. She should be working and her salary should be above poverty line and enough to support you. In case your employer based 485 get denied you can file for gc through marriage. Apply EAD along with 485 and work on EAD.

what is the procedure after someone get denied for 485 case? do they depart people right away or what?
You can file for MTR and consult the lawyer.

i would like to know all other possibilities. (like to get a visa, or another company for GC or something else).
You must be having H1 from the new company the one u r currently working with then u can keep working on the same H1 till it expires but again consult the lawyer if needs arise


e3umcd

 

[CarpenterEB3]

Thanks for your kind reply e3umcd,
you answered most of my questions, but still i have some more for you

Q1. how long do i have time to get marry and apply for family based GC after 485 denial ?

Q2. I m working on EAD right now. Can i apply for h1 visa? im a skilled worker on category EB3 and I have a labor certification as carpenter. im working as a subcontractor right now. What are the requirements for h1 visa? (for both side, me & my company)
can i do it by myself or should i need a lawyer for that?

thank you very much again,

 

[tangohi]

I also have this question. My friend is working on EAD. H-1B expired. Can he apply for H-1B thru another employer as his current employer is giving him a lot of trouble and he wants to have an option in case there is a problem. Will the change of status be approved here or he will have to go to home country.
Thanks