Self help packets

Recent Posts

Can I apply my own? What green card application options does a postdoc have? USCIS delays rule changing list of documents acceptable to verify employment eligibility

Yearly Archives

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

Published Apr 16,2013 By GCforPhD

Question:

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.

Answer:

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

Posted in H1B

Self help packets

Recent Posts

Rsearcher

Recent Posts

Associate Research Scientist

Recent Posts

PhD

Recent Posts

Can I have an ead with eb2 niw approved?

Archives