status on i-485 denial

[murmanmadi]

Hello All,

I am currently on H1-B status and I have filed for i-140 under the NIW category in Oct 2002. I have not heard from BCIS so far. I am wondering if I can go ahead and apply for the i-485 without further waiting. I tried to get an opinion from my lawyer and here is the response:

"Actually, as soon as the I-485 is filed you don't have to keep any status, it is status itself. The problem is that an I-140 NIW is a discretionary relief. There is a chance that it will be denied. If that happens you will be out of status. If you keep the H1 status, even if the I-140 is denied you are still in status."

I would like to know if this is true? Will my H1-B be no longer valid as soon as I apply for the i-485.

Thanks for all information

murmanmadi

 

[badobo]

Only if u use ur EAD after filing 485, will ur H1 be invalidated.
If u continue using H1 even after filing 485 - ur H1 is valid.

 

[murmanmadi]

Thanks badabo.

A follow up question. While my i-140 and i-485 are still in process, can I switch jobs and continue to be on H1 status?

murmanmadi

 

[badobo]

U can change jobs after 180 days of filing 485 - but there are a lot of issues u have to take care of.
See the threads under 485 portability - AC21.