I-485 denial with approved I-140

[dvshin]

Dear gurus please share your opinion.

The question is:

Can a case with approved I-140 be denied at I-485 stage for the educational/employment and other I-140/LC related issues?

Did anybody have any experience with that?

 

[WorryForGC]

theoretically no, practically yes

Dear gurus please share your opinion.

The question is:

Can a case with approved I-140 be denied at I-485 stage for the educational/employment and other I-140/LC related issues?

Did anybody have any experience with that?

 

[Mr. Green]

WorryForGC, no offence, but do you really think your answer was helpful?

dvshin, I'm sorry I don't have an answer to your question, but I was laughing very hard when I saw the answer above.

Good luck

 

[dvshin]

Thank you all of you for opinions

Thanks all for inputs.

I'm trying to decide if it is worth to switch from H1b to EAD/AOS status. It is my understanding that it's easier to renew EAD than to file H1b extension, keeping in mind that my position has changed and I'd probably need to request new LCA etc. Moreover, my wife would be able to work....
But, I really don't want to be in the situation when I-485 is denied and I can't get new H1b status without going out of US.

My I-140 was approved in Nov 2005 and we filed everything carefully, including educational requirements. The evaluation of my degree is solely based on formal education papers and not experience.

UnitedNations,
I'd appreciate your opinion on the following question.
What are the chances for my I-485 to be denied for I-140/LC issues, keeping in mind that I work for well funded state university, plus my I-140 was approved after 2004?
In other words do you think I'm pretty safe, since my I-140 was approved after 2004?

Thanks

Yes, USCIS has come back and revoked approved I-140's.

I wouldn't say it is common but there has been some legitimate cases that were revoked.

When adjudicators go to approve I-485, they have to re-look at I-140. Pre-2004; uscis wasn't strict with ability to pay or education qualifications. Therefore, people got I-140 approved. Now when uscis goes to re-look at I-140, they wind up applying todays standards/criteria/guidelines in looking at the I-140. If according to today's standards it isn't approvable then they will issue a notice of intent to revoke. (if you search through the forums; you will see a few postings from some members whom this happened to).

The biggest danger right now; is that as companies are applying more and more I-140's; everytime they apply for a new one; it gives uscis a chance to look at the history of the company. If they determine there is too many and financials don't support the cases then they will re-look at all I-140's (this is currently happening);

 

[maverick13]

just a suggestion

Cant your wife apply for her EAD based on her applied 485, that way she can work. If you can contiue on your H1, which can now be incremented 3 yrs at a time (thanks to approved 140) instead of EAD (which needs to be renewed every year); incase 485 is denied (hope its not) you can atleast fall back on H1 and your wife on H4, rather than both going out of status immed.

 

[dvshin]

Thank you Maverick13 for your suggestion!

I have spent 3.5 years of my H1B time. Pending I-485 with approved I-140 gives me rights to apply for 3 year H1B extension (not just for rest 2.5 years).
But what will happen in case of I-485 denial? Will the H1B extension be valid till the end of the new 3 year period(in 3 years) or just until my original 6 years have passed (in ~2.5 years)?

Cant your wife apply for her EAD based on her applied 485, that way she can work. If you can contiue on your H1, which can now be incremented 3 yrs at a time (thanks to approved 140) instead of EAD (which needs to be renewed every year); incase 485 is denied (hope its not) you can atleast fall back on H1 and your wife on H4, rather than both going out of status immed.