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boomjosh2007

I-485 and I-765 pending and H1B denied

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Hi,

I have applied for I-485 and I-765 at NBC in Feb 2019 cos my dates are current. I am on H1B and filed for extension in March 2019, I got an RFE for the h1B extension in May 2019. RFE for H1B was responded mid of June 2019. If my extension gets denied my employer will put me on loss of pay and my salary will stop.

What are my options if my H1B extension gets denied?

Is there a way to expedite EAD (https://www.uscis.gov/forms/how-make-expedite-request) ?

Any idea how much time it will take to get EAD from NBC?

Please let me know.

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  • Why are you asking this question now? (Perhaps because you received RFE?)
  • Are visa numbers available?
  • Are you trying to change jobs?
  • What is the reason you think your H1b will be denied?
  • What changes were done recently to your H1b status? How many times have you received H1b beyond six years?
  • Have you made any mistakes in application?
  • Doesn't you work profile match between H1b and I-485?

Typically candidates have solid base at H1b and then go for EAD and then I-485.

Answer to your first questions is No, there nothing available for expediting EAD.

Answer to your second questions is that it depends on answer my first question or six months after Feb 2019, whichever is earlier, to get permanent status.

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Hi,

 

Thanks for your response, following are my answers to your questions

  • Why are you asking this question now? (Perhaps because you received RFE?) - Yes I am asking this question cos my H1B got an RFE and recently its been observed that current administration is handing out denials to IT services companies. My employer is a fortune 200 but lately we are seeing a huge surge in denials especially from California center.
  • Are visa numbers available? Yes my date is current
  • Are you trying to change jobs? No
  • What is the reason you think your H1b will be denied? I believe its just the current administration and the recent history of H1B denials for my employer gives me jitters.
  • What changes were done recently to your H1b status? How many times have you received H1b beyond six years? My initial 6 years ended sometime in 2013-14.
  • Have you made any mistakes in application? H1B petition is prepared by the employer's immigration team and they are very meticulous
  • Doesn't you work profile match between H1b and I-485? It matches I am doing the same job as what is in H1B and I-485

 

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