H1B after 6 years

[sucyma]

Hi Gurus,

I have EAD, H1B and 485 got filled 6 months back. If i got rejected for 485 can I use H1B?, I have completed more than 6 years. H1B was extend based on my 140. If 485 got rejected or canceled by defult 140 and GC-LC will be defaulted right ?

If 140 got defaulted then H1B also invalid status ? is this true statement?

Please update on this.

Thanks

Sunil

[JoeF]

Why do you think your I-485 would get rejected?

Is there something fishy with the I-485?

[SameerH1Bworker]

If you're on valid H1B then no matter I-485, I-140 or LC rejection impact on your H1B status. However, if you're on EAD/AP then yes I-485 rejection makes you out of status.

[sucyma]

Joe,

My H1B is going to expires end of June, it is too expensive for extension process right. I am checking is it worth it or not?

every thing is fine as of now in 485. Is it worth it?

Sameer,

Thanks for your reply.

Sunil

[JoeF]

If there is nothing fishy with the I-485, go with an EAD. Getting the H1 renewed is just a waste of money.

[sucyma]

JoeF,

Thanks for your reply. One more question, i do not have almost 5 months payroll in 2009 Jan to May. Is it problem?

Thanks

Sudheer

[sucyma]

Hi Joe,

i do not have almost 5 months payroll in 2009 Jan to May. Is it problem?

Thanks

Sunil

[JoeF]

It may be a problem. Were you on H1 at that time?

You may want to discuss the details with your lawyer.

[sucyma]

I was on Leave of Absence, because of my wife health. I submitted my LOV's and proof of my wife Pragency.

Thanks

Sunil

[JoeF]

Hmm, you would have to discuss your situation with a good immigration lawyer. It may or may not be ok. A lawyer reviewing the documents can determine that best.