if 485 is denied... (for gurus)

R

robi

Registered Users (C)
If 485 is denied for some reasons
Do we have any options or just have to leave country
Immediately? E.g Can we apply for H1B extension and stay
Or appeal from that?
 
If you feel strongly that the denial was made by mistake, you can file a Motion to Reopen (MTR). Your lawyer should be able to help you on this kind of situation.

If you currently have a valid H1B visa, yes, you can still stay or extend your stay depending on the particular of your H1B.

If you are no longer on H1B and now you are on EAD, you can still apply for H1B (I don't think it will be considered as an extension; I could be wrong). If it is approved, most likely the approval will not contain I-94; therefore, you have to leave the country and obtain an H1B visa and enter with a new I-94 based on H1B.
 
thanks,
I'm not saying that my case is denied but wanted to know
what are the options and how many time we have if something like that happens.
 
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