URGENT PLZ .... concurrent filing EB1 1-140/485

[monty1977]

Our situation, husband wife both on H1, husband filing I-140 and both filing i-485 for adjustment of status, with 765 for EAD.

if EAD/Adjustment of status is processed first, and I-140 is denied , do we loose existing h1b status. if yes, then what next??

This may be a simple question for some, but it has been hard to get exact information for us so far, replies will be appreciated.

 

[Kariboo]

This is my understanding only: you will lose your H1B status when you start using the EAD. So the best option would be to keep using the H1B as long as it is valid, until your 140 gets approved.

 

[rsubedi]

Keep renewing your H1 visa pretending that you never applied for the green card. The recommendation would be that whoever is H1-B holder, do not use EAD. I have seen people with H4-B working after getting EAD though. If you work using EAD (H4-B holder) and the I-485 is denied (I have also seen that), then while appling for the green card process next time you would want to take suggestions from an attorney. I hope you may not have to go that long, your first time application would be successful.

 

[phdblues]

yaa from my understanding, if ur 485 gets denied, it will not affect your H1. But if work with ur EAD then that gets canceled with your 485 denial. As long as you don't work on EAD and stay on H1, whatever happens to ur I485, ur good.