Whatz the worst case scenario (I140 revoked/withdrawn)?

S

satya2004

Registered Users (C)
Herez my case:

-I140 / 485 Filed concurrently
-Got EAD / AP
-I140 / I485 - Still Pending
-My wife gets a job...starts using the EAD (which is valid till 11/2004). I'm still on H1.
-If for some reason I140 is revoked/withdrawn and I-485 denied...
....whatz the worst case scenario?
Is it illegal to work? Any serious consequences?

Gurus.... please help!
Thanks a Lot in advance!
Satya.
 
My situation is somewhat similar

Here are my details:

6th year H1-B expires in 11/2004

Labor: Substituted Labor Scenario
I140 ND: Sep 11, 2003 (EB-2)
I140 AD: Still waiting

I485 ND: Jan 9, 2004
I485 AD: Still waiting

FP done: Jun 22, 2004 (website updated with this information)
EAD AD: Feb 22, 2004

Here's my situation:
Currently working in my company on my H-1B (I have an approved EAD just in case)
Company not willing to do 7th year extension because of approved EAD.

Here's the question:
Suppose, I dont get approval on the I140 and I485 cases until November 2004 and I use my approved EAD to work for the company.
After November 2004, when I am in my EAD, my I140 gets revoked/withdrawn/etc, what is my current status? Am I out of status immediately?

If I have to apply for MTR, will I have time/status to do that?
How are my chances considering that I am substitued labor scenario?

Any experience/information with respect to the above would be appreciated.

thanks,
bp
 
Suppose, I dont get approval on the I140 and I485 cases until November 2004 and I use my approved EAD to work for the company.
After November 2004, when I am in my EAD, my I140 gets revoked/withdrawn/etc, what is my current status? Am I out of status immediately? ---------- YES

If I have to apply for MTR, will I have time/status to do that? -------- YES Within 30 days of notification of Denial/Withdrawal etc.
How are my chances considering that I am substitued labor scenario?--------Ask others as I have no clue about this one.
 
Need clarification

Thanks for replying hathwar ...
Needed some clarification.

You said I will be out of status immediately after the I140 is revoked (when I am exercising my EAD)

and at the same time you said, I have 30 days to apply for MTR.

the time limit maybe 30days to apply for MTR but what about status??
Legally will I be able to stay in the country till the decision of the MTR or I have to leave the country? (remember I am past my 6-year limit and on my EAD)

thanks,
bp
 
satya2004 said:
Herez my case:

-I140 / 485 Filed concurrently
-Got EAD / AP
-I140 / I485 - Still Pending
-My wife gets a job...starts using the EAD (which is valid till 11/2004). I'm still on H1.
-If for some reason I140 is revoked/withdrawn and I-485 denied...
....whatz the worst case scenario?
Is it illegal to work? Any serious consequences?

Gurus.... please help!
Thanks a Lot in advance!
Satya.
Click to expand...

If your I-140 gets denied then yes, your wifes EAD will become invalid and she can no longer work. Not only that, since by using EAD she lost her H status, she will be out of status from the day your I-140 is denied. If she has a valid H4 stamp then she can leave the country and come back using that, and she will be back on H4. Ofcourse she will not be authorized to work then. Now if her H4 is not valid (no stamp in passport or validity expired), then she will have to go out of the country and get a new visa stamp at a US consulate abroad.

sertra2002
 
Thanks sertra2002... my I140 was withdrawn and is going to be filed again using my own labour (previously substitute labour was used). She did get her SSN. So we are thinking may be start using the EAD and hoping our new new EAD will come within 6 months or so.
Do let me know of your thoughts / suggestions.
Satya.
 
If you have H-1B status and her H-4 is of course tied to your H-1B it is invalid if you and her are working using EAD and your I-485 is denied.
 
satya2004 said:
Thanks sertra2002... my I140 was withdrawn and is going to be filed again using my own labour (previously substitute labour was used). She did get her SSN. So we are thinking may be start using the EAD and hoping our new new EAD will come within 6 months or so.
Do let me know of your thoughts / suggestions.
Satya.
Click to expand...

You are welcome.

It is better if you do not use the EAD yourself, and keep using the H1, right through till you get GC. Meanwhile your wife can use the EAD, but the issue will arise if I-140 is denied. But, that is a hypothetical situation and you should not hold her from working on EAD just because of this. If I-140 gets denied for whatever reason you have the options as I mentioned in the last message.
 
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