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vishal
04-16-2008, 02:10 PM
hi friends,
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.

snathan
04-16-2008, 02:30 PM
If you have valid H1 then you are not out of status.

EkAurAaya
04-16-2008, 02:31 PM
This is precisely why my Lawyer (amongst the top) advised to maintain H1B (so keep filing for extensions).
If your H1 expires and you are here based on AOS 485 > and for some reason 485 gets rejected you are out of status.

Good luck!

rockstart
04-16-2008, 02:52 PM
You can appeal the decision and other stuff to get temporary repreive. But its your decision. Say if your GC gets denied for criminal past or for failing one of the rules set up then whether you are on AOS or H1-B it is pretty much end of story for you. The only advantage you have being in H1 is you get time to wrap up your stuff in US leasurely till your H1 is valid because I am sure by the time your GC is denied you will also have exhausted your 6 years on H1 and so your next H1 extension will also get denied. There is nothing you can do in case of criminal past to negate it. If AOS is denied for 140 related issues yes there is a second chance. But the decision is entirely yours

kumar1
04-16-2008, 03:03 PM
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).

If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]

kumar1
04-16-2008, 03:05 PM
quote

kaisersose
04-16-2008, 03:24 PM
hi friends,
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.

if 485 gets denied due to an error, you can appeal...does not matter if you are on H-1b or EAD.

If it gets denied due to a real problem, then appeals will not help. In such situations with a H1 you can stay until it is time for H1 renewal - if you want to.

USDream2Dust
04-16-2008, 04:21 PM
I was thinking on same lines. Who cares for h1 if 485 is denied. As days pass everything becomes so difficult. H1 used to be breeze 2 years back and now a lottery. GC is already retrogressed. Who knows when you start all over your GC again after 485 rejected what will happen.

I would add another point at 5th line.
You have 2 choices.
First what kumar1 said.
second stay in US illegal like millions of other people and get GC even faster.

USDream2dust

1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).

If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]

The7zen
04-16-2008, 04:50 PM
1. Sell all my stuff.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).

If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]


I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)

AUNTYMARGARET
04-16-2008, 05:13 PM
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).

If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]

I LIKE YOU... this is what I call going out with your head held up high!! Go Guru!!

BeCoolGuy
04-16-2008, 05:29 PM
Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!

pa_arora
04-21-2008, 05:26 PM
Someone told me recently, if ur on EAD and 485 gets rejected, ur H1 can be reinstated. This H1 will not be from the cap and you will only be getting the left over time from 6 yrs.

Is it true, if yes, can someone thow some light on this.

gc_kaavaali
05-07-2008, 01:30 PM
If one is on H1B...applied 485...almost done with 6 years...but got h1b approval for 3 years because of approved I-140...now 485 got denied...should i go back because i completed my six years? or can i stay as long as my H1 is valid (beyond 6 years)?