Denial of I485

[qyz891023 0]

Hello,

I got a question for you guys. Just hypothetical speaking because nothing has actually happened yet.

Say if i was on a valid H1b status, and filed i485 as a derivative beneficiary based on my mom's (the principle beneficiary)recently obtained green card, if the i485 gets denied, would it take away my H1b status? in other words, would i be out of status the day my i485 gets denied?

THank you

[NigeriaorBust 4,087]

If your mother recently got a green card you are the adult child of a LPR and the wait for a visa would be years. You can't just adjust status because there isn't a visa immediately available for you. Having shown that you intend to immigrate you may have trouble renewing any other visa , but you may not it is hard to guess.

[Boiler 43,430]

H1b is dual intent.

[payxibka 10,044]

Hello,

I got a question for you guys. Just hypothetical speaking because nothing has actually happened yet.

Say if i was on a valid H1b status, and filed i485 as a derivative beneficiary based on my mom's (the principle beneficiary)recently obtained green card, if the i485 gets denied, would it take away my H1b status? in other words, would i be out of status the day my i485 gets denied?

THank you

You cannot even file an I-485 based on being a son or daughter of an LPR

[qyz891023 0]

no no no I'm filing i485 as a derivative. on i485 instruction where it says "filing based on being the derivative of the principle applicant is granted permanent resident status in an immigration category that allows for derivative status".

if you are still confused please see this link

http://www.***removed***....dependents.html

Edited December 7, 2011 by Kathryn41

[NigeriaorBust 4,087]

What class of visa is your mother getting that allows adult children to be included ?

[qyz891023 0]

i'm not sure about visa type, but she is f2a-spouse, my dad filed for her

green card not citizen

Edited November 26, 2011 by mikeqiu

[payxibka 10,044]

no no no I'm filing i485 as a derivative. on i485 instruction where it says "filing based on being the derivative of the principle applicant is granted permanent resident status in an immigration category that allows for derivative status".

if you are still confused please see this link

http://www.***removed***....dependents.html

you are how old?

Edited December 7, 2011 by Kathryn41

[NigeriaorBust 4,087]

Which means your father needs to apply for you separately.

[qyz891023 0]

or to make the question easier, let's just say I'm on h1b, company filed a i485 for me based on approved i140 but got denied , would i still be able to keep my h1b and keep working here?

you are how old?

under 21 CSPA age

Which means your father needs to apply for you separately.

maybe, i have been told different answers so i dont know what to believe any more ghaha

Edited November 26, 2011 by mikeqiu

[qyz891023 0]

I'm on h1b, company filed a i485 for me based on approved i140 but got denied , would i still be able to keep my h1b and keep working here? or would the denial of i485 take away my h1b status and i have to leave the country within 60 days?

thanks

Edited November 26, 2011 by mikeqiu

[qyz891023 0]

guys i found the answer thanks anyway for the help

Although an EAD has many advantages over an H1B visa, it has one drawback: it expires the minute your i-485 is denied. An H-1B visa, on the other hand, allows you to continue working legally until the remainder of its validity period, leaving you precious time to react or seek other solutions

[qyz891023 0]

guys i found the answer thanks anyway for the help

Although an EAD has many advantages over an H1B visa, it has one drawback: it expires the minute your i-485 is denied. An H-1B visa, on the other hand, allows you to continue working legally until the remainder of its validity period, leaving you precious time to react or seek other solutions