Can I stay on H1B if my I485 is rejected

[sattu2go]

Belle/Joe/ Gurus

Please provide your advice for my situation.

1. My I485 is filed since 2007.

2. My priority date EB3 India is Feb 2003. Probably my GC is 2-3 years out.

3. I have maintianed a parallel H1B for me and H4 for my family for past 12 years and my current H1B is expiring by end March 2012.

5. I have EAD but I have never used it.

6. I have traveled to India and returned on Advance Parloe thrice in past 5 years.

7. My kids go to college and I own a home in a locality where the property rates have fallen sharply. I am always worried because for any reason my I485 gest rejected then I may have to go back to India by selling my prperty at whatever price I can get which shall be a huge loss.

My questions are:

1. What is my status? AOS or H1B?

2. Should I renew my H1B for next Three years?

3. Can I stay legally in USA until the end of my H1B visa even if my I485 is rejected?

Please reply.

Thanks

Sattu2go

[Belle]

1. You are on H1.

2. If you are worried, yes.

3. It cannot be rejected, since it has been accepted. It can be denied, which is the apposite of approved. You may stay on H1 even if your AOS is denied. If that happens, and you can't appeal, you need to consult with your lawyer whether you will need to get stamped and enter on H1.

Now, the USCIS does not need to wait for your date to be current to deny the case. In fact, since there is a big backlog of pending cases like yours, the USCIS periodically reviews them to see if any can be denied, because one of their goals is to reduce the backlog. The fact that your case has not been denied is testament to the USCIS not finding anything wrong with it.

[sattu2go]

Thank you Belle. You are awesome.