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Old 02-17-2008, 11:51 PM
duncanidaho duncanidaho is offline
Junior Member
Priority Date
:
Aug-02
Category
:
EB3
I140 Mailed Date
:
02/12/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/12/2005
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Join Date: Jul 2007
Posts: 12
duncanidaho is on a distinguished road
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Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.

The best alternative is to ask your new employer to file for premium H1b transfer.
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