Is this true?

S

skp19722003

Registered Users (C)
If you were out of status for some time and if you apply H1 with new employer, INS will approve H1 without I94 at the bottom of approval notice.
Also they will reject 140 in GC process? Is this true?
 
I-140

If you have a H1B visa from Employer A and he revoked the visa , after 4 months of revocation of H1B you applied a new H1B Visa from a Employer B. Your H1B will be still approved.
Your I-140 will still be approved.
 
skp19722003 said:
Then will it cause any problem in 485? Thanks.
Click to expand...

To my experience,

They will deny your I-94 if your previous employer has cancelled your visa, if they have not cancelled and if you cannot submit your paystubs, in that case also I-94 would be denied. Also it depneds on how long you are wihtout paystubs/out of status.

If they approve your H1b with or without I-94, it means your out of all the hassle and its not related to your GC processing. So, don't worry about that and all.

All the best.
 
I-140

If the I-94 Expires, USCIS will not issue a new I-94 and make you legal.
It is confusing some times and some times it works.
(I am not sure what I-94 Denial means; I-94 is either Valid or Expired)
 
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Similar thing happened to me

Similar thing happened to me while renewing my H1B and wife's H4. My employer did not pay the visa fee for my H1 and INS rejected both my H1 and wife's H4 (No indication on website, neither a notice in mail). Meantime wife found a job and employer applied for her H1b. H1b approval came with a note "Status change denied because, not holding a valid visa at the time of application....(since no h4 at the time). Lawyers fought the case with help from senators and got it resolved. Also, had no efefct on my I-140 case as I got approval last month. 485 is still pending so no idea about that.
 
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