United Nations: 140/485 denied ... need help

C

coolguy_2772

New Member
United nations

1.My 140/485 of the old company(I ported after 180 days)has been denied on 08/26/2005 based on inability to pay of old company.

2.My H1(new company) was filed on 05/31/2005 ,based on I140/485 pending for more than 365 days .I have completed 6 years in 2004 November .

3. My lawyer is planning to appeal the 485(since old company does not exist) and in that point back to 140. He has already filed form I-290B and plans on sending the evidence within 30 days. In case H1 gets denied because the 140/485 has been denied, can I use the 485 appeal to do a MTR on the H1.I am working right now on the H1 since EID is no longer valid. Please advise.
 
United nations,
I have 2 lawyers:
1. Lawyer who filed my H1: She advises me that H1 is based on 140/485 pending and thefore H1 can be denied if 140/485 is denied.
2. Lawyer(My new company has asked me to go through him),who is handling my 485 appeal: He advises me that there is no such thing as an H1 "based on an I-485". In order to have an H1 you simply need to have status. The I-485 does not give you lawful status. It gives you a period of authorized stay.
These are 2 contradictory statements by 2 lawyers.

My question is if H1 is denied , can I use the appeal that I have filed on the 485 to do MTR on the H1?

Thank you.
 
Although the H1B was approved based on pending I485 I dont think they can deny H1B this has been confirmed by attorney Murthy, correct me if I am wrong on this UN
 
Just to clarify, I have only applied for a H1 based on I140/485 pending(which has been denied now).I do not have an approved H1.
 
indy100 said:
Just to clarify, I have only applied for a H1 based on I140/485 pending(which has been denied now).I do not have an approved H1.
Click to expand...

As Per "http://www.immigration-law.com/",
Visa Number Retrogression: "What Does It Mean to Me and My Family?"

Q25: My I-485 has been pending and I have been working on H-1B which has been granted beyond 6 year-limit under AC 21 Act. I know that I will be able to extend my H-1B "indefinitely" until visa number is available and my I-485 application is adjudicated. What happens with my H-1B status if my I-485 is denied? Will my H-1B status be automatically terminated at the time of I-485 denial, assuming the decision is not appealed? A: If 485 applicant maintains H-1B visa status during the H-1B six-year limit, denial of I-485 will not affect his/her H-1B status and he/she will be able complete the H-1B period and even extend the H-1B status within 6 year limit. However, when he/she works in H-1B status beyond 6 year under AC 21, the extension is contingent upon pending I-485 application. Thus once I-485 is denied, his/her H-1B status will also cease under the AC 21 law.
 
United nations,
1. I entered the united states in H1-B on 04/14/98 and continued in H1 status till 11/2004. Old employer filed I-485 and I-140 on 02/23/2004 and I continued to work after 11/2004 using EAD.EAD is valid until 01/2006.
2. I re-entered the united states as DA parolee on 08/02/2004(after a month long vacation).
3. I applied for AC-21 ,change of company on 03/18/2005 after I140 pending more than 180 days.
3. Applied for regular labour(new company) on 03/25/2005.
4. Also applied for an H1-B extension(new company) based on the fact that AC21 permits H1-B immigrants to obtain extension of H1-B status based on I140/485 pending more than 365 days . This petition was filed on 05/31/2005.
5.On 08/26/2005 recieved I140/485 denied based on ability to pay.
6. Filed a MTR on 09/20.
7.On 09/14/2005 recieved H1 denial based on the fact that since I am a DA-parolee(not valid non-immigrant status),my h1 expired on 11/2004 and I am in the US for more than 6 years, my H1 is denied.
8. My lawyer states that William yates Memo of 05/12/05 (http://uscis.gov/graphics/lawsregs/...appeal.I would greatly appreciate your input.
 
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