status on i-485 denial

M

murmanmadi

Registered Users (C)
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 Will my H1-B be no longer valid as soon as I apply for the i-485.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
 
Your H-1B status is still valid even after your I-485 is filed. You will lose your H-1B staus if you use EAD, though.
 
Thank you Swingall and Jaxen.

A follow up question. Is it possible that I get a new H1-B with a new employer while my i-140 and i-485 are still being processed?


murmanmadi
 
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