H1 after 485

Old Jul 12th 2001, 2:50 am
Posts: n/a

If my 485 is denied, can I subsequently apply for a (2nd term) H1? My H1 will expire
shortly, and I plan on working using EAD while waiting for a decision on 485, and
don't want to apply for a H1 if I dont' have to, but would like to know what my
options are in case of 485 denial.

Old Jul 16th 2001, 7:55 am
Sylvia Ottemoeller
Posts: n/a

kv244 wrote:

Yes, a prospective employer can petition for a second 3-year period of H-1B status
for you if your I-485 application is denied. It may be a bit tricky to get you into
H-1B status; you may have to leave the U.S., get an H-1B visa stamp, and re-enter in
H-1B status. But as H-1B is a strong dual intent status, there is no big problem with
this scenario.

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