status when change after AP

I

ipf44

Registered Users (C)
In AP status now, but working with a approved H1B, can I withdraw 485 and continue the same job with that approved H1B ?

or if 485 deny, can I still work for the same job using that approved H1B ?
 
ipf44 said:
In AP status now, but working with a approved H1B, can I withdraw 485 and continue the same job with that approved H1B ?

or if 485 deny, can I still work for the same job using that approved H1B ?
Click to expand...

Yes in both the scenarios..
 
I want to thank everyone's input.

First, in what status if withdraw 485 after using AP ? am I still in legal stay in US ?

Second, for "yes in both" to my starting post, does that mean I donot need do anything after withdraw 485, and just continue working using existing valid H1B as if nothing happened ? Please note "after withdraw 485".

Last, after 485 withdraw, if I stay on the same job, do I have to start from 140 again, if I want to re-submit 485 ?
 
If you have not used the EAD, you can keep working with the H1B after withdrawing the I-485. If you withdraw the I-485 and remain in H1B status, you can refile the I-485 if your priority date is current. But why would you want to withdraw the I-485 if you're staying in the US?

If your I-485 is denied, whether you can keep working with the H1B depends on the reason for denial. If it's something serious, they may initiate removal proceedings and cancel your H1B status.
 
Jackolantern said:
If you have not used the EAD, you can keep working with the H1B after withdrawing the I-485.
Click to expand...


I am now in AOS status after I used AP. Will 485 withdrawal cause lost of AOS status so I will be out of status ?

Or if it is OK, does that mean I am back to h1b status automatically after withdraw 485 ? or you mean there are some procedures to go through first before starting working with the h1b ? As you said I have not used EAD.
 
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If you enter with AP can use the H1B to continue to work for the same employer in the same job. No special procedures required.
 
Just another guess of mine, would it be better for me to get back to H1B status first (of course in the same job), and then withdraw 485 ?

Then next time when I submit a new 485 after PD becomes current again, of course still in the same job, do I have to redo I-140 or perm before filing 485 ? I hope to get your big favor for consider both cases, such as withdraw 485 in AP status or in H1B status.
 
I thought if withdrawal is the best way to make corrections on I-485 without penalty, or if there is no other way, then I have to understand the withdraw-refile process better to avoid any possible new mistakes, because right now I am not sure which one is better, and if I need to redo perm and I-140, provided that I stay with the same employer ? Thank you so much.
 
If there has not yet been an interview, and they have not otherwise contacted you to challenge you on the truthfulness of the statement you want to correct, you won't be denied for lying on the initial application if you voluntarily reveal the previously omitted facts for your pending I-485. So go ahead and send in a letter with supporting evidence to make the correction, and don't worry about it and don't withdraw.
 
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