will_get_there
Registered Users (C)
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
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