Help!!! I485 v/s H1B


aish500

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Hi - can anyone please advise if my I485 is Denied (no NOID) and I have H1-B Extension also pending at that time. Does H1-B extension application will no longer be valid ? And I will be out of status or I can still continue in legal status on pending H1-B extension application (as USCIS didn't make a decision on H1-B Extension application) ?

Additional details my H1B ext was filed in Oct 2011 at that time my date was not current (I485 filed in Nov). Per one of the attorney in Murthy there should be no impact on pending H1B as during Ext filing my date was not current. Reason I am asking this as my wife due in April and both I485 and H1B are in RFE. I already responded to I485 RFE dont have high hope with it. So wanted to delay H1B ext rfe response to be in status (insurance coverage etc during delivery).

I already completed 6+ yrs on H1B and with same employer, H1B visa expired in Dec 2011. And got EAD till Jan 2013. Anyone in similar situation or faced similar issue. Thanks in advance for all your help.

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I485 and H1b petitions are independent.

You did not tell much about the RFEs.

So to answer your question, if you I485 gets denied, you can still continue to stay legally as long as your H1b extension petition is pending with USCIS. If that also gets denied, you will have to leave the country.

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