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Help,
my i-140 petition skilled worker was approved 0n 2004 but my i-485 was denied unable to complied my requirement, can i refile i-485 by myself without employer help and submit my requirement they ask before which is available for now? Do i have to refiled i-140 which is already approved? In my case can i reapplied ead again since im out of status.. Pls help me.. |
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yoyettan08...to my little knowledge, once the I-485 is denied, didn't pass, been disapproved, that's the end of the line, unfortunately might be the end of the line because you said also you are out of status. If in case your H-1B status is still in effect, meaning still active, meaning H-1B visa expiration date stamp in passport is still way long, your I-94 is still ok, youre ok to stay until its validity date. You're ok to stay also if you have a unexpired EAD card so long as it is valied and of course unexpired. I think what you can do is find another sponsoring employer so you can transfer your existing H-1B and re apply AOS or I-485. Since you have a approved Labor Cert., you can still use your original priority date to your new I-485 application. But everything will change as you said you are out of status by now...I just dont know how to deal with this one. Either you have to leave immediate soon to avoid the 3/10 year bar and enter again...I dont know. But for now, you need a good and competent lawyer on your side to direct you to the right direction. Good luck to you my friend...Oh and one more thing, since your I-485 is denied, you cannot apply for an EAD nor apply for an extension. Because EAD is given and continuously given and extended to those applicants who has a pending I-485 case, I might be wrong but I'm pretty sure that's correct. Ask your lawyer.
*Disclaimer I'm not a lawyer nor trying to be one, consult a competent and intelligent immigration lawyer for only them can direct you to the right way and answer all your immigtion matters. Do not use my reply as a definite answer to your queries as this is solely base on my personal opinion only. |
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