I485 denial and H1B validlity

[yimincanada88]

Hi,

If 3-year H1B is approved based on I485 pending, then I485 got denied, will INS send notice to revoke the approved H1B? Can someone still using the H1B to work even after 485 got denied?

Anyone knows? Please reply!

 

[immiq]

Are you talking about the post 6 years H-1B extension?

 

[gc_2006]

3-year H-1B extension filing after the 6th year is based on either approved I-140 and/or LC PD. It has absolutely nothing do with with I-485. Therefore it doesn't matter if your I-485 got denied (unless denial was based on revoked I-140 at wich point you have to revisit this item).

Further, since you already have your H-1B extension, you are ok. You have 2 years time now to line up a new GC case (2 years because if you have filed a new LC more than 365 days before the end of the 3rd extended year you can again extend your H-1B).

Hi,

If 3-year H1B is approved based on I485 pending, then I485 got denied, will INS send notice to revoke the approved H1B? Can someone still using the H1B to work even after 485 got denied?

Anyone knows? Please reply!

 

[scatcat]

Is there any law??

Is there any law or indication from INS memos that if I-140 is revoked by your employer, your H1-B three year extension is also revoked?

 

[gc_2006]

Not as far as I know. On the contrary you read a lot about how the first extension is filed based on LC/I-140 from employer A and then another one is filed by employer B which serves as basis for the next extensions.

Is there any law or indication from INS memos that if I-140 is revoked by your employer, your H1-B three year extension is also revoked?

 

[immiq]

3-year H-1B extension filing after the 6th year is based on either approved I-140 and/or LC PD. It has absolutely nothing do with with I-485. Therefore it doesn't matter if your I-485 got denied (unless denial was based on revoked I-140 at wich point you have to revisit this item).

Further, since you already have your H-1B extension, you are ok. You have 2 years time now to line up a new GC case (2 years because if you have filed a new LC more than 365 days before the end of the 3rd extended year you can again extend your H-1B).

You said, “3-year H-1B extension filing after the 6th year is based on either approved I-140 and/or LC PD. It has absolutely nothing do with I-485.” If it has absolutely nothing to do with I-485, why does the H-1B need post 6 years H-1B extension? What is the post 6 years H-1B extension for?