i-140 and 1-485 relationship

M

MyEB1_2006

Registered Users (C)
I (currently H-1) have applied for green card (I-140, EB-1) with my wife (currently H-1) included on the form.

the I-140 was sent May 06 and I-485 was sent whne the date was current Sept 06

Given the trend of RFE and potential possibility of rejection, what happens if i-140 is rejected?

Both of have current H-1, does rejection of I-40 and therefore of I-485, make us out of status???

Please respond.

Thanks,
 
No, if you are still working on H1, THEN: rejection of I-40 and therefore of I-485, WILL NOT make you out of status.

However if you are working on EAD then you will be out of status after rejection of I-40 and therefore of I-485.




MyEB1_2006 said:
I (currently H-1) have applied for green card (I-140, EB-1) with my wife (currently H-1) included on the form.

the I-140 was sent May 06 and I-485 was sent whne the date was current Sept 06

Given the trend of RFE and potential possibility of rejection, what happens if i-140 is rejected?

Both of have current H-1, does rejection of I-40 and therefore of I-485, make us out of status???

Please respond.

Thanks,
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