I-140 denied. Can I return from AOS to H1?

N

nermal

New Member
Please help me to understand my option.
I-140 is denied and compane is going to send a request for reconsidiration. Lawyer says that it's obvious CIS mistake, but who knows :( I-485 also denied because of I-140 denial.
Anyway I'm wandering about my status. I entered with AP in January, so my current status is AOS.
I have H1 approval that I never used to get a visa, but it's I-94 was gotten when I leaved the country in January.
Is it true that if case is not reopened I'm out of status from the date of denial?
Can I use the H1 approval to get H1 visa in Canada and return with this visa to get H1 status?
Is there any other ways not be out of status?
:confused: :confused: :confused:
Thanks.
 
(1) Don't trust the lawyers about "it's obvious CIS mistake". They always say that to get your money.

(2) It is true that if your appeal is denied, then your out-of-status date will start from the day when 140 was denied.

(3) To switch back to H1, you must leave this country and re-apply H1 visa for re-entry, but I don't know if your previous H1 approval is still valid. I sort of doubt it, because H1 was approved on a cerntain condition and I don't think it will still work at the consulate; and as soon as you changed to AOS, your old H1 should be terminated. So, you probably have to apply for a brand new H1 before you leave the country. Not sure.

(4) Your way to stay here legally is really limited. The only way that I can think of is to marry a citizen or PR, which is really not practical. Otherwise, all types of nonimmigrant visas will require you to temporarily leave the US to apply at consulates abroad.
 
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Madison04 said:
(1) Don't trust the lawyers about "it's obvious CIS mistake". They always say that to get your money.

(2) It is true that if your appeal is denied, then your out-of-status date will start from the day when 140 was denied.

(3) To switch back to H1, you must leave this country and re-apply H1 visa for re-entry, but I don't know if your previous H1 approval is still valid. I sort of doubt it, because H1 was approved on a cerntain condition and I don't think it will still work at the consulate; and as soon as you changed to AOS, your old H1 should be terminated. So, you probably have to apply for a brand new H1 before you leave the country. Not sure.

(4) Your way to stay here legally is really limited. The only way that I can think of is to marry a citizen or PR, which is really not practical. Otherwise, all types of nonimmigrant visas will require you to temporarily leave the US to apply at consulates abroad.
Click to expand...


is this true even if u have not used EAD?
 
srignram said:
Its not true.Only when the primary applicant start using EAD this statement is true.
Click to expand...
That's interesting. I did not use EAD, I just entered the country with AP.
As far as I understand AP use changes status to AOS as well as EAD use and all above statements are true for those who used AP or used EAD. Is it correct?
 
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