status upon I-140 denial?

[murmanmadi]

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

 

[an_anonymous]

If your I-485 is denied (which is very rare), the underlying I-140 (if approved) will also get revoked.

As far as your question on your status, if you have a valid H1, (assuming that you got an EAD approved and didn't use it), you can continue on your H1 and probably restart the process. This ofcourse is dependent on the cause of denial.

You could appeal the denial too.

You lawyer would be your best bet in these circumstances.

Good Luck. Be optimistic and think of a approval rather than a denial.

Cheers,
anonymous

 

[murmanmadi]

Thanks to everyone who took time to reply my mail.

I have a question for an_anonymous:

"If your I-485 is denied (which is very rare), the underlying I-140 (if approved) will also get revoked.

As far as your question on your status, if you have a valid H1, (assuming that you got an EAD approved and didn't use it), you can continue on your H1 and probably restart the process. This ofcourse is dependent on the cause of denial."

What do you mean by saying if I do not use my EAD after it being approved? Did you mean if I do not change my job based on EAD?

Murmanmadi