Interesting question

S

saa

Registered Users (C)
I have an approved I-140 from previous employer, which has not been withdrawn. Currently I am woring on H-1B with a different company.
If I apply for I-485, will this constitute fraud?
I am completely aware that this application may be denied, but INS is not very organised and there is a good chance that job change may go undetected and I may get approved.
I will not apply or use the EAD thus if the I-485 is rejected then my stay in the US will still be legal all along.
Critical comments will be very much appreciated.
 
And you want support for your borderline fraud???

Anyways. Here is the deal. You need an employment offer letter from your sponsoring employer. Without this your 485 application might be sent back as a " frivolous application".
Even if your app is accepted, the IIO to whom your case is assigned is sure to catch that you have submitted an employment letter from another company and might issue a RFE or worse: transfer your case to local INS.
At the local INS you might be asked about the "wrong" employer. If you cannot give a satisfactory answer (or if your lawyer cannot, assuming you get a lawyer to go along with this) your status might be cancelled and you might be packed out of US immediately...
Of course this is my opinion and I might be wrong.
 
No Title

If H-1 status is always maintained then even if I-485 is rejeceted, there should be no reason for deportation. Provided the I-485 applicationis not considered fraudulent.
I see your point though. I will not take such a risk.
Thanks
 
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