What will happen if I-485 is filed and I-140 gets rejected after that

K

kmrmca

New Member
My wife's company had applied for a substitute I-140 last month. The I-140 did not exactly match my wife's profile. The approved labor was for 4 years of education. Where as my wife has 3 years of education and work experience which the accredition company (one which accredits the education while applying for H1) had said is equal to 4 years of US education.

The question is we have asked her company to file for I-485 since the dates are current (eventhough the I-140 was filed very recently and has not yet been approved). If the I-140 gets rejected would it effect her future immigration visa's and also her H1 extensions?
 
If I-140 Denied , your 485 .EAD ,AP will get invalid automatically. be safe.
try to arrange a backup in case denial.
this is my 2 cents.
 
if ur i140 is rejected..ur h1 is invalid and may have to return to home country -- two cents ..consult an imm attorney when in doubt.

PS:
normally 3 years work experience is equal to the 1 year education (to make a 3 year education (like BSc ) equivalent to a 4 year (B.E.,, BTech)
--

safe harbor: i am a layman like you ..
 
mad4gc said:
if ur i140 is rejected..ur h1 is invalid and may have to return to home country -- two cents ..consult an imm attorney when in doubt.

PS:
normally 3 years work experience is equal to the 1 year education (to make a 3 year education (like BSc ) equivalent to a 4 year (B.E.,, BTech)
--

safe harbor: i am a layman like you ..
Click to expand...

Your H1 remains even if your I-140 gets denied. No future extensions, but has been granted will remain in place. FIling an I-140 shows immigration intent, so it might come up if you want to file for a non-immigrant visa like F1 or B2, but no impact at all on future H1/L1 or even another GC application.

You might get lucky with the accreditation, but be prepared for an RFE, just in case (get details on getting a more detailed evaluation from some other evaluator perhaps)
 
I had the same problem with the education deal and I hired a company in New York to study my degree.
Sometimes it does not matter the time you went to school but the amount of credits you get.
Visit: www.wes.org

Thank you
 
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