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EB1-EA denial/withdrwal and future case impact

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  • EB1-EA denial/withdrwal and future case impact

    Hello All there :

    There is a EB1-EA case filed for me and my spouse. It was concurrent filed. AP and EAD done . But I140 has resulted in a strong RFE and the case now lookes difficult to defend . Though we are trying best to meet the RFE expectations , still wanted to clarify few things to take next action.

    1. Once GC is filed , does it impact future non-immigrant (H1/L1) filing
    from a new employer if the applicant relocates and joins a new employer
    back in his/her country ?

    2. At the RFE stage is it feasible to convert EB1-EA to EB1-OR ?

    3. Spouse' legal status is tied to this GC filing. So if I-140 is denied
    she will be out of status . Within how many days she need to leave the
    country ?

    4. At this stage of the GC when we have a RFE for I-140 , can we
    file dependent visa ( H4 ) for spouse to make her stay legal even
    post I-140 denial ?

    Please help . Anybody faced similar situation please share views and suggestions.

    Thanks MUCH for any help .!

  • #2
    1. Once GC is filed , does it impact future non-immigrant (H1/L1) filing
    from a new employer if the applicant relocates and joins a new employer
    back in his/her country ?

    Answer: NO. The systems are not connected and so decisions are not dependent.

    2. At the RFE stage is it feasible to convert EB1-EA to EB1-OR ?

    Answer: I do not know sorry! Please let me know if you get answer for this.

    3. Spouse' legal status is tied to this GC filing. So if I-140 is denied
    she will be out of status . Within how many days she need to leave the
    country ?

    Answer: Depends on her current status. Usually it is 30 days. But check with USCIS / DOS websites using her current visa status.

    4. At this stage of the GC when we have a RFE for I-140 , can we
    file dependent visa ( H4 ) for spouse to make her stay legal even
    post I-140 denial ?

    Answer: You can happily file H$ and it does not have any thing to do with your I140 RFE.

    GOOD LUCK!

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