h-1b renewal denied, i-140 approved


kunalamin

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My h-1b renewal denied on 31 jan12 and my i-485 dates is current

my question is now what should i do?i was going to file for i-485.

i am very confuse can i go ahead and file i-485 because my current employer wants to keep me on job.

or can i file for appeal or i have to go back to home country?

Additional information

employment based i-485,

i-140 approved

priority date dec 3rd 2008 EB 2

h-1b renewal denied ( first time approved oct 2008 to oct 2011)

i also heard that person can file new h-1b with approved i-140.Do i have to have h-1b in order to

stay in status. can i file for i-485 staying in usa with denial h-1b.

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  • 2 weeks later...

GC is for future employment and has nothing to do with h1b. you can file i485. your attorney can file MTRO BUT ONLY AN IMMIGRATION ATTORNEY CAN ADVISE BETTER IN YOUR SITUATION. if i94 already expired you have to leave the country. you have to be status (if in usa) until you receive EAD. you can opt for CP on your i485

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