New H1B when I 485 is pending

M

mhambi

Registered Users (C)
Hi,

I filed I 485 with PD EB3 March 2003-India) for my son as a dependent which is currently pending .Currently he is in I 485 pending case.But I took the citizenship last year. I am getting mixed response for his I 485 case when they review his case when dates will become current . Can he a file new H1B now as backup if something happens his I 485 case. Thanks for your immediate help.

Thanks
rmh
Like This
Quote
 
Firstly, you cannot file H1, it is an employer who files it. If your son qualifies for H1, his pending I-485 (which might not even be valid any more) should not be a problem.

How old is your son now? How old was he when his I-485 was filed? Where does he live now? Did you pursue his case between the time you got your green card and the time you filed N-400 for yourself?
 
I am not filing H1 and he will do it through an employer only . He will qualifies for it . I heard some attorneys mentioned that since I took citizenship his I 485 may denied . I did his pursue his case between GC and N 400 with my attorney only. He didn't mention any problem at that time.But now other attorneys mentioning that it will be a problem. He is 25 now working on EAD in USA. I filed when he was 20 in June 2007 in EB3 (India). So we are thinking any backup option in case his 485 denied if the dates becomes current and if they look at my status . I hope it is clear
 
mhambi said:
I am not filing H1 and he will do it through an employer only . He will qualifies for it . I heard some attorneys mentioned that since I took citizenship his I 485 may denied . I did his pursue his case between GC and N 400 with my attorney only. He didn't mention any problem at that time.But now other attorneys mentioning that it will be a problem. He is 25 now working on EAD in USA. I filed when he was 20 in June 2007 in EB3 (India). So we are thinking any backup option in case his 485 denied if the dates becomes current and if they look at my status . I hope it is clear
Click to expand...
When did you obtain your green card? When did you file I-485? How about your spouse and any other children? Why did you not file I-485 for him at the same time as yourself?
If his I-485 is denied and he does not have a H1 status, he will have leave the country. However if he finds an employer ready to hire him under H1, he will be OK ((he will come under H1 quota though). He will have to maintain valid legal status until his new H1 is approved.

One thing to watch out is if USCIS considers his application invalid from the day you obtained US citizenship. That would make him OOS from that day..
 
You must log in or register to reply here.
Top