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H1B denied and I-485 pending - Need help!!!

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  • H1B denied and I-485 pending - Need help!!!

    Hi,
    I am on H1B visa from June 2002. In July 2007, I joined another company and they provided me an approved labor and also, applied for H1B transfer. My previous H1B visa were valid up to 09/30/2007. Before expiration of this H1B visa, I have applied for I-140, I-485, EAD, AP using approved labor and also the H1B transfer/extension. I got EAD approved on 10/29/2007 and I-140 on 12/14/2007, and I-485 still pending. But the H1B transfer/extension applied by my new employer got denied in July 2008. Employer has already appealed the denial decision (I290B) on August 2008 and still pending.
    So my concerns are,

    1. Is it possible for me to go to my home country now on AP, Since there is a gap in my valid status, Is it going to be a problem while I come back?
    2. Since there is a period (from H1B expiry on 09/30/2007 to EAD approval on 10/29/2007 or I-140 approval on 12/14/2007) where I don’t have H1B visa or other valid status, how my I-485 application is going to affect by this?
    3. If I-485 denied, what would be the other options available for me to get green card?
    4. My spouse is also on H1B visa, is it possible for me to move to H4 and apply for green card as my spouse’s dependent, if my I-485 denied?
    5. Since I was on H1B status for more than 6 Yrs, Is it possible for me to get H4 visa?

    Please advice me.

    Thanks
    Sea

  • #2
    1. Based on your post, you have not mentioned the exact dates when the I485 was filed, when you joined the new employer. If you had a gap in valid status, AP is risky as they could deny entry.
    2. You were using H1b portability and could work in that period as long as the petition was not frivolous. An attorney consultation is recommended.
    3. Loaded question.
    4. Yes, possible.
    5. Yes. H4 and H1 total count were separated couple of years.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Originally posted by txh1b
      1. Based on your post, you have not mentioned the exact dates when the I485 was filed, when you joined the new employer. If you had a gap in valid status, AP is risky as they could deny entry.
      2. You were using H1b portability and could work in that period as long as the petition was not frivolous. An attorney consultation is recommended.
      3. Loaded question.
      4. Yes, possible.
      5. Yes. H4 and H1 total count were separated couple of years.
      Thanks for your immediate reply. I applied I485 on July 2007 and USCIS received date was August 13 2007. Do you know any good attorney in Seattle, Washington?. Thanks for your help.

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