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qyz891023

Denial of I485

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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

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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.


This will not be over quickly. You will not enjoy this.

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H1b is dual intent.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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


YMMV

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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 by Kathryn41

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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 by Kathryn41

YMMV

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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 by mikeqiu

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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 by mikeqiu

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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

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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

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