H1B Denied

[UrgentQ]

My H1B got denied. I have EAD, can I switch to EAD and continue working. Meanwhile can H1B be reapplied for extension?

[JoeF]

What kind of EAD? There is the EAD from OPT, the H4 EAD, and the EAD based on a pending I-485.

If you have an EAD based on an I-485, why do you even care about an H1?

 

 

[rohang]

was it a new H1b (lottery) or Extension?

if its a lottery then your status is still EAD, and you can continue working on EAD.

if you were on H1b, and extension got denied, then not. You will first have to switch back to H4 and then you can (if EAD is still valid).

 

[Help Needed..]

Why was it denied?

[dmahesh]

Yes you can, BUT Only when, your SEVIS status is Open/completed with "Student Automatically Terminated due to CHANGE OF STATUS APPROVED". Check with your school DSO.

 

 

[UrgentQ]

10 hours ago, JoeF said:

What kind of EAD? There is the EAD from OPT, the H4 EAD, and the EAD based on a pending I-485.

If you have an EAD based on an I-485, why do you even care about an H1?

 

 

Thanks for the quick response....I am concerned because 140 and 485 both are pending. We did concurrent filling got EAD. Do you think we should apply for new H1B? Please advise

[JoeF]

47 minutes ago, UrgentQ said:

Thanks for the quick response....I am concerned because 140 and 485 both are pending. We did concurrent filling got EAD. Do you think we should apply for new H1B? Please advise

I think you have bigger problems than the H1.

You need to be worried about the I-140. If USCIS doesn't think the job is good for an H1, they may scrutinize the I-140 as well. Is this with a consulting company? Are there middle layers? Discuss that with your lawyer.

[pontevecchio]

Unless there was fraud involved in the GC filing, why are you even trying to be in H1 status?

[UrgentQ]

18 hours ago, JoeF said:

I think you have bigger problems than the H1.

You need to be worried about the I-140. If USCIS doesn't think the job is good for an H1, they may scrutinize the I-140 as well. Is this with a consulting company? Are there middle layers? Discuss that with your lawyer.

Thanks JoeF. H1 got denied because of mistake in LCA. For which intially RFE came and employer admitted its human error to check not h1b dependent and sent new LCA as well but h1 got denied. Yes its with cosulting firm and middle layer but that was not cause of denial. 

As you mentioned 140 is also at risk so thats why I was thinking if we can apply for h1B extension again based on pending i140 will that help? Or can i opt ac21 with pending i140 and 485 for more than 180 days. Please advise. Thanks

[UrgentQ]

17 hours ago, pontevecchio said:

Unless there was fraud involved in the GC filing, why are you even trying to be in H1 status?

No its not fraud. But was worried if can opt for h1 extension based on pending i140 or can opt for ac21 for i140 and 485 pending for 6 months