Important Issue.. everybody comment..

[will_get_there]

I am raising an important issue here for comments. This has become common nowdays and might be more relevant in future with RFE/denial memo of USCIS.

If someone applies for I140 and 485/EAD and then switches to EAD from H1 ( irrespective of 140 approved or not), later on if either 140 or 485 is denied for any reason whatsoever, and that person again apply for h1 quickly what will be the answer to follwing questions:

(Assuming that there are still some more years left on 6 years h1 limit)

1) Will that h1 be counted as a CAP case ?

2) Can that person start working with the H1 receipt ?

3) Will USCIS provide the I94 attached to H1 approval

4) Will the person be counted out of status if he/she stays in the country after applying h1 ?

will_get_there

 

[love2002]

Its a Billion Dollar Q ! its a very nice question will_get_there...

But I never seen anywhere on the BCIS site or other immigration site for answer to this question.

Gurus here should shed some light on this!

 

[PremChopra]

That's what I think:

- As soon as 140/485 gets reject the person is out of status if working on EAD.
- If one applies for H-1, most probably it's going to be denied since USCIS would know that person is out of status.
- The other way which I read on Murthy Chat forums is that if one applies for extension of non expired H-1 or one reenters on a non expired H-1 on can switch back to H-1 even after working on EAD.