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I am using EAD now after I used AP back to my hometown.I was told that I can be back to H1B which has advantage that I am still be in status if my 485 is rejected.Everyone knows which way I keep ?Thanks!
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back to H1B
Not Legal Advice:
It does not make any difference other than that you need to renew your EAD annually. If your I-485 is denied being on an H1 will not help you. You will immediately be placed in removal proceedings and deported.
However as long as you are always in one valid status or another and have no Criminal record it is unlikely they will deny it. -
re:why?
If one has valid H1b while AOS is denied, one still can keep his/her status.How come removed or dported?I think this will happen if one has no other visa except adjustee.Thanks for more discusson!Comment
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also want to know why
I'm also curious to know why. I agree with kw, that if an I-485 is denied having an H-1 probably won't help you. Anything serious enough to cause the denial of an I-485 is probably also serious enough to be grounds for removal (criminal record, visa fraud, etc.).
However, is denial of an I-485 in and of itself grounds for removal/deportation? Let's say that your I-485 was denied because your lawyer failed to respond to it in time, and did not inform you (I've seen this happen). Your I-485 was denied for nothing more substative than abandonment. Could you stay on your H-1 (your EAD would no longer be valid) and re-file?Comment
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also want to know why
Not Legal Advice:
Abandonment is different to denial. If they mark your case as abandned it is the same as withdrawing the I-485 voluntarily before it is adjudicated. In this case the INS does not get to the point of adjudicating your case.
Denial is when they adjudicate it and decide that you are not eligible to adjust status. Also this means you are not eligible to be in the U.S. and therefore are deportable. When you are found to be a deportable alien the INS will initiate removal procedings against you.
In your example the lawyer does not respond to an RFE in time the INS will consider your application abandoned and not actually adjudicate it. In which case if you are in valid H1 status you could stay. If working on EAD you would have to go.Comment
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