| Q. |
Status after I-140 denied on H1B visa and used AP to reenter US
My I-140 has been denied based on Ability to pay. What is my status? I am on my 9th year on H1B. I have H1B visa valid until 2010 (received three year extension based on previous company approved I-140). I have used Advance parole to enter US this year but never use EAD.
User's Location:
Fremont, California, United States of America
Category:
Employment-based Green Card
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| A. |
If you have a valid H-1B visa stamped in your passport, you should leave and reenter in H-1B status. It is very likely that your I-485 will be denied soon, if it has not been denied already. You should have an attorney review the I-140 denial to see if it should be appealed or refiled. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
I do not have H1B visa stamped in my passport that's why I used AP to enter US in Jan 08. My company is going to submit appeal. As I have used AP to enter US, do I need to refile H1B or my status as H1B is valid becuse I never used EAD. |
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| A. |
Your H-1B status is not valid if you left and reentered on your advance parole. If the H-1B petition is still valid, you will need to return to your home country, apply for an H-1B visa, and then reenter the U.S. in H-1B status. |
| |
Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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