I-485 automatic approval after 180 days - Chance of new BCIS Rule per Ms.Murthy
Excerpt from Murthy Chat session (Chat : June 30, 2003):
Chat User : Hello. I’m on H-1 visa status. My spouse applied for I-140 / I-485. I got EAD but no approval for I-140. Is it ok to switch to H-4 if I lose my job?
Attorney Murthy : As I tell people, if one has no choice at all, like losing a job, one has to switch to any other status which will enable the person to live or work legally in the U.S. There is a chance that the BCIS Headquarters will issue a rule stating that a person with the I-485 pending for over 180 days should obtain the I-485 approval if the I-140 gets approved. If the I-140 is ultimately denied, I believe there is a risk, even if one is with the same sponsoring employer and has allowed the H1B status to expire.
http://www.murthy.com/chat0630.html
Excerpt from Murthy Chat session (Chat : June 30, 2003):
Chat User : Hello. I’m on H-1 visa status. My spouse applied for I-140 / I-485. I got EAD but no approval for I-140. Is it ok to switch to H-4 if I lose my job?
Attorney Murthy : As I tell people, if one has no choice at all, like losing a job, one has to switch to any other status which will enable the person to live or work legally in the U.S. There is a chance that the BCIS Headquarters will issue a rule stating that a person with the I-485 pending for over 180 days should obtain the I-485 approval if the I-140 gets approved. If the I-140 is ultimately denied, I believe there is a risk, even if one is with the same sponsoring employer and has allowed the H1B status to expire.
http://www.murthy.com/chat0630.html
Last edited by a moderator: