Tweet
Hi, I will appreciate, if anyone can look into the below questions:
I am currently on my 7th year of h1b and with an approved I-140. My wife is on H1b too and she also got an approved I-140 under EB1 (outstanding researcher). We filed for 485 (I was been marked as her beneficiary) based on her approved EB1 I-140 and received EAD/AP cards. I had a dismissed misdemeanor in the past and so far I had it reviewed by 5 immigration attorneys and everyone confirmed I am eligible for H1b and GC but however I will appreciate, if you can look into below questions:
I am currently maintaining h1b status despite having EAD. If for some reason, my AOS is denied will it auto-revoke my H1b too (as I am in 7th year of h1b)? But the h1 extension beyond 6th year is obtained through my own I-140 and since, the AOS is filed based on my spouse EB1 I-140, if the AOS is denied, will it revoke my H1b too or it won't (as, it is related with my I-140?)
Is it possible for the AOS officer to deny my AOS petition (because of my dismissed misdemeanor) but approve my spouse's AOS petition? If so, I will end up in going through MTR or re-filing, but I will have to leave the country until those petitions been re-opened?
I heard, if we file AOS through consular processing, then those officers won't have the right to deny the petition based on their discretion as long as it's legally eligible but AOS petitions filed through local USCIS officers do have the right to deny petition based on their will. Is it much safe for me to go through consular processing rather than the AOS within US?
If the USCIS officer denies my AOS but approves my spouse's AOS petition, will I be able to re-file just my AOS petition or else, it is not possible? And I only need to wait until my I-140 gets current?
Is there any use of maintaining H1b status (as I already crossed 6 years limit) instead of using EAD as it's more flexible until the AOS is approved? If the h1b will be auto-revoked (if the AOS is denied) then I don't want to loose out the opportunity of using EAD for better job opportunities. Again, if I can fall back to h1b and continue working in US despite AOS is denied then I will just maintain h1b status itself, since the h1b extension is obtained through my I-140, but this is a question-mark?
It was mentioned in **** **'s law firm website that they can accompany immigrants at port of entry but didn't have more details. But one of my attorney informed that it's not possible unless I have a GC. May be, I am missing something on this or **** ** attorney's have any special channel's that let's them to accompany immigrant's at the port of entry? I am afraid to travel using either AP or H1b because of any human error but POE officials will end up in me not entering the country. But I can be more confident, if I can have any attorney represent me at the port of entry, is it worth to take one more extra counseling from **** ** firm just to find out, if they can accompany me or not at the POE or anyone else who can do this?
Will be really great, if anyone can answer above questions?
I am currently on my 7th year of h1b and with an approved I-140. My wife is on H1b too and she also got an approved I-140 under EB1 (outstanding researcher). We filed for 485 (I was been marked as her beneficiary) based on her approved EB1 I-140 and received EAD/AP cards. I had a dismissed misdemeanor in the past and so far I had it reviewed by 5 immigration attorneys and everyone confirmed I am eligible for H1b and GC but however I will appreciate, if you can look into below questions:
I am currently maintaining h1b status despite having EAD. If for some reason, my AOS is denied will it auto-revoke my H1b too (as I am in 7th year of h1b)? But the h1 extension beyond 6th year is obtained through my own I-140 and since, the AOS is filed based on my spouse EB1 I-140, if the AOS is denied, will it revoke my H1b too or it won't (as, it is related with my I-140?)
Is it possible for the AOS officer to deny my AOS petition (because of my dismissed misdemeanor) but approve my spouse's AOS petition? If so, I will end up in going through MTR or re-filing, but I will have to leave the country until those petitions been re-opened?
I heard, if we file AOS through consular processing, then those officers won't have the right to deny the petition based on their discretion as long as it's legally eligible but AOS petitions filed through local USCIS officers do have the right to deny petition based on their will. Is it much safe for me to go through consular processing rather than the AOS within US?
If the USCIS officer denies my AOS but approves my spouse's AOS petition, will I be able to re-file just my AOS petition or else, it is not possible? And I only need to wait until my I-140 gets current?
Is there any use of maintaining H1b status (as I already crossed 6 years limit) instead of using EAD as it's more flexible until the AOS is approved? If the h1b will be auto-revoked (if the AOS is denied) then I don't want to loose out the opportunity of using EAD for better job opportunities. Again, if I can fall back to h1b and continue working in US despite AOS is denied then I will just maintain h1b status itself, since the h1b extension is obtained through my I-140, but this is a question-mark?
It was mentioned in **** **'s law firm website that they can accompany immigrants at port of entry but didn't have more details. But one of my attorney informed that it's not possible unless I have a GC. May be, I am missing something on this or **** ** attorney's have any special channel's that let's them to accompany immigrant's at the port of entry? I am afraid to travel using either AP or H1b because of any human error but POE officials will end up in me not entering the country. But I can be more confident, if I can have any attorney represent me at the port of entry, is it worth to take one more extra counseling from **** ** firm just to find out, if they can accompany me or not at the POE or anyone else who can do this?
Will be really great, if anyone can answer above questions?
