What happens if the AOS request is denied?

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greenhouse98

Registered Users (C)
I will be applying for my wife's green card, she is currently on H1-b. If in any case her case gets denied, what happens? Is her H1 still valid? Does she have to go back to her home country? Can we apply again?

Also, if she already has a H1 which is to expire mid 2010, is it still a good idea to apply for her work permit along with AOS application? Will her work permit cancel out her H1?
 
If AOS fails then petitioner reverts back to whatever status they had before petition was filed. Now if it was non immigrant visa like F1 or B2 then that visa maybe terminated because by filing AOS petitioner has shown immigrant intent and maybe put in removal. If however it a dual intent visa like H1 or L1 then they might keep their visa depending on why AOS was denied. For instance if denial is for abandonment or a simple reason like that you can return to previous status however if denied due to something like fraud or misrepresentation or CIMT they may put you removal proceedings.
Generally USCIS must approve all immediate relative petitions unless they believe it is a sham relationship, the petitioner is inadmissible or a threat to national security.
 
AzBlk said:
If AOS fails then petitioner reverts back to whatever status they had before petition was filed. Now if it was non immigrant visa like F1 or B2 then that visa maybe terminated because by filing AOS petitioner has shown immigrant intent and maybe put in removal. If however it a dual intent visa like H1 or L1 then they might keep their visa depending on why AOS was denied. For instance if denial is for abandonment or a simple reason like that you can return to previous status however if denied due to something like fraud or misrepresentation or CIMT they may put you removal proceedings.
Generally USCIS must approve all immediate relative petitions unless they believe it is a sham relationship, the petitioner is inadmissible or a threat to national security.
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Thanks, so is applying for a Work Authorization a good or bad idea while applying for a green card since my wife already is on a H1-b?
 
greenhouse98 said:
Also, if she already has a H1 which is to expire mid 2010, is it still a good idea to apply for her work permit along with AOS application? Will her work permit cancel out her H1?
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I was on H1 during my AOS and never applied for work permit or advance parole. If she's planning on staying with her current job, why waste money? I kept working for my employer and even travelled out of the country, all on H1 while AOS pending. No problem...

I'm quite certain that (somebody correct me if that's wrong) if for whatever reason your application takes a long time to get approved, and the H1 expiration date approaches, she could always apply for work permit and advance parole later.
 
Triple Citizen said:
You have any reason to believe her AOS will be denied?
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Well, the only thing that makes me nervous is that we live apart since she is doing her medical residency. But it is a bon a fide marriage, etc etc and we have proof. Im just wondering how the usics will see it.

Also isn't applying for the work authorization and advance parole free with you do it along with AOS?
 
greenhouse98 said:
Also isn't applying for the work authorization and advance parole free with you do it along with AOS?
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Ha! Whad'ya know? Apparently it is, since July 2007! Sorry, I guess I haven't been keeping up with the fee schedule changes.

Looks like it may be worth applying for, then...
 
greenhouse98 said:
I will be applying for my wife's green card, she is currently on H1-b. If in any case her case gets denied, what happens? Is her H1 still valid? Does she have to go back to her home country? Can we apply again?

Also, if she already has a H1 which is to expire mid 2010, is it still a good idea to apply for her work permit along with AOS application? Will her work permit cancel out her H1?
Click to expand...

Since EAD and AP come free, you can apply but don't use them to maintain your H1B status. But keep them just in case...
 
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