View Full Version : If 485 denied, can we use approved 140 under AC21

11-14-2008, 08:58 AM

Here is a hypo situation.
I am sorry this may have been discussed before,.

If 485 from current company is denied, can I use i-140 and EAD and join a different company and have my status safe.. If so, what will be my next steps and what will jhave to be applied again. Current company , lets say will not revoke 140.

11-14-2008, 09:49 AM
If your 485 is denied, all derivative benefits like EAD/AP are also lost. You therefore can't use EAD for another job even if 6 months have elapsed.

GC Struggle
11-14-2008, 11:06 AM
Why do you think that will happen..

I am guessing that if you 140 is approved (which is company based), then you are good because 485 is based entirely on the applicant..

Guru's pease throw some light on this

11-14-2008, 11:19 AM
Your 485 has to be reapplied and priority dates come into picture. You can change jobs but have to use H1b based on approved 140. You have to start the GC process all over again but you can retain the priority date because your 140 is already approved.

Talk to a lawyer - to get a better understanding

11-14-2008, 11:57 AM
485 has nothing to do with company. Only I-140 is company dependent. So only reason why 485 will be denied based on company is when the underlying I-140 gets denied i.e. Company revokes 1-140 or USCIS finds something wrong with your company which filed the I-140 before AC21 kicks in. In a separate thread there is action item for USCIS denying I-140 and ignoring AC21 which you may want to participate in if you haven't already. Assuming your I-140 is always valid than Your 485 can be denied only because of you i.e. you were out of status, have a criminal record etc.