What happens to the Green Card process if H1b extension is denied?

[nick_fun7921]

hello,

I am on h1b visa for last 12 years and have an extension due later this year in Nov 2018. Considering the current situation where the RFE and denial rate has spiked, i am thinking ahead of time and preparing myself for the worse i.e. in case the extension gets denied.

I have few questions:

1. If the extension is denied and I leave US, will my Green Card process will stay in progress i.e. can i apply for I-485 when the dates become current for my Priority Date?

2. I am planning to apply for extension 6 months in advance i.e. in June 2018, but what if, say by July 2018, I find out that the extension has been denied. Can I stay and work in US till my current H1b is valid i.e till Nov 2018?

Thanks In Advance,
Nick

 

[Hanuman55]

hello,

I am on h1b visa for last 12 years and have an extension due later this year in Nov 2018. Considering the current situation where the RFE and denial rate has spiked, i am thinking ahead of time and preparing myself for the worse i.e. in case the extension gets denied.

I have few questions:

1. If the extension is denied and I leave US, will my Green Card process will stay in progress i.e. can i apply for I-485 when the dates become current for my Priority Date?

2. I am planning to apply for extension 6 months in advance i.e. in June 2018, but what if, say by July 2018, I find out that the extension has been denied. Can I stay and work in US till my current H1b is valid i.e till Nov 2018?

Thanks In Advance,
Nick

Hi Nick,

I belive I485 is adjustment of status, if you are within US. If you are leaving US, you would have to choose for Consular processing of your immigration visa, and go to appropriate US embassy/consulate in your home country for getting your US immigrant visa, once the date becomes current. Of course, you would have to go with an employment offer from your US employer, complete medical, years of tax returns and such. Consulate employees are much more decent and you will have a very pleasant experience. Best of Luck. Please do talk to your attorney and get advice before you leave.