status on I-485 denial?

M

murmanmadi

Registered Users (C)
Hello everybody,

I am on a H1 visa right now. I have filed I-140 last Oct. Have not heard anything so far. I am planning to apply for I-485 though. I understand if my I-140 is not approved, my I-485 is not valid too. However, I am wondering what will happen to my status upon my 485 not being approved? Thanks for any info.

Murmanmadi:confused:
 
Nothing happens if you dont use EAD

you may or may not apply for EAD and still be on H1. you lose H1 and become an adjustee when you use EAD. The tricky part is if 140 is not approved and one starts using ead. if 140 is denied>-no grounds for 485>-no grounds for ead and then status becomes a problem. I guess its best to be on H1 atleast until 140 is approved especially for Niw/EB1. things become much safer after 140 approval.
Of course..consult a lawyer/other people before taking any action.
 
Thanks for the advice age28.

In the interest of time, I could apply for I-485 and EAD but not use the EAD until my I-140 is approved. However, will I be able to change jobs based on my H1 visa?


murmanmadi
 
doesnt hurt to apply for 485

but if you want to change jobs on H1, the other company needs to file for your H1 also. Most importantly, the sponsoring employer should not revoke your 140. This would mean starting the entire process again. If you file 485 and 6 months go by, you can use AC21 portability...but this is recommended after 140 approval because if 140 gets denied for some reason then there would not be basis for AC21 or ead.
There are many scenarios...you should choose one that best suits you under the given circumstances.
 
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