Switching from pending I485 to H1

[samuraijack]

Hi,

I came to US on a k3 visa in sept 2004 and later filed an I485(adjustment of status based on my marriage to a US citizen). In the interview(Dec 2005) the INS officer asked us for more evidence which we sent later on. Since then the case has been pending. I have been getting my EAD renewed without any problem every year. Now due to the nature of my job I needed to travel frequently so my employer(a well known tech company) filed an H1B for me. I have received the approval for that and will be flying back home to get my H1B stamped. My question is if this is possible or there can be any problems since I will be switching from a pending immigrant visa status to a non immigrant visa. The immigration department of my company says there should be no problems they have already handled such cases in the past.

I would appreciate a quick response since I am flying back in next few days.

 

[ginnu]

Hi,

I came to US on a k3 visa in sept 2004 and later filed an I485(adjustment of status based on my marriage to a US citizen). In the interview(Dec 2005) the INS officer asked us for more evidence which we sent later on. Since then the case has been pending.
-----------------you should go to local office with infopass and need to ask for the latest up date, go with the copy of the evidence that was asked and that you sent.If at window they don’t give proper answer ask for the supervisor explain that you sent the requested evidence on date... and still no info from them

I have been getting my EAD renewed without any problem every year. Now due to the nature of my job I needed to travel frequently so my employer(a well known tech company) filed an H1B for me. I have received the approval for that and will be flying back home to get my H1B stamped.
My question is if this is possible or there can be any problems since I will be switching from a pending immigrant visa status to a non immigrant visa.
----you are not switching from a pending AOS or adjustment of status, if I-485 is Pending you will still be on AOS AND H1 status if you enter on H1 status. if your I-485 gets approved then you cant be on H1 status
The immigration department of my company says there should be no problems they have already handled such cases in the past.
*** dont belive in company what they say you should talk to company Lawyer or your lawyer.
I would appreciate a quick response since I am flying back in next few days.

one can be on H1 while I-485 is pending. but if due to any reason your H1 visa stamp got rejected by US consulate then how you will enter US? do you have Valid AP in hand???

 

[samuraijack]

Hi ginnu,

First of all I highly appreciate your response. Now as you said to find out the latest situation of my pending I485, the funny thing is the officer didn't give us any written letter asking for evidence. I did a little research and found out that there should be a written letter for asking more evidence so we waited for around 4 months but never got any letter asking more evidence. Then we went to the local USCIS office and we were told that we should send the evidence and should not wait for the written letter. So I don't have any letter asking for evidence.

Secondly I don't have the AP and I want to cancel my pending I-485 too because my wife sometimes use that to control me since she knows this is my one weakness and I don't want to be blackmailed anymore. As a matter of fact the reason why first time our interview officer asked more evidence was because my wife was not cooperative in the interview.

Now I simply want to know if my H1 visa can be rejected on some technical basis that I already have a pending I485 petition.

 

[ginnu]

Hi ginnu,

First of all I highly appreciate your response. Now as you said to find out the latest situation of my pending I485, the funny thing is the officer didn't give us any written letter asking for evidence. I did a little research and found out that there should be a written letter for asking more evidence so we waited for around 4 months but never got any letter asking more evidence. Then we went to the local USCIS office and we were told that we should send the evidence and should not wait for the written letter. So I don't have any letter asking for evidence.
--------------- the evidence officer asked did you sent it? if yes when? go with evidence asked and ask the officer that you sent the evidence on date... and still did not get any update from USCIS. you should talk to Supervisor inform him/her your date of interview
Secondly I don't have the AP and I want to cancel my pending I-485 too because my wife sometimes use that to control me since she knows this is my one weakness and I don't want to be blackmailed anymore.
------------------ I will file for AP and will go out once AP gets approved so that if visa is rejected you can come back to US with AP. if you withdraw I-485 you will not get EAD or AP. AP is based on pending I-485
As a matter of fact the reason why first time our interview officer asked more evidence was because my wife was not cooperative in the interview.
-------------------- IF she is US Citizen and during interview she did not gave proper answer then officer may suspect that the marriage is not genuine and can deny the I-485. Why to live or marry a person who does not like you or you don’t like her? life can be hell in future. Why don’t you clear everything with your wife? H1 or GC or living in US dont gives you peace of mind if your family life is disturbed.

Now I simply want to know if my H1 visa can be rejected on some technical basis that I already have a pending I485 petition.
---------------H1 visa may not be rejected on base of pending I-485, H1 visa has dual intent. But nobody can give you guarantee that visa cant be rejected

for more info talk to your lawyer