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Impact of I-140 rejection on my husband’s H1 visa status

Published Apr 16,2013 By GCforPhD


I plan to apply for a I-140 first and then I-485. My husband is on OPT now, and will be applying for H1 in April. If my I-140 is rejected, will this affect his visa status?

Thank you for your advice.


The short answer is no. It won’t affect his H1.

But there is one avoidable scenario that can be a problem. Before the I-140 is rejected, if you happen to start using EAD’s from I-485 application, then the rejection will result in both of you becoming out of status. Since you don’t intend to apply for I-485 till I-140 is approved, this is not relevant to you.

Best of luck

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