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Effect on I485
Hi
Here is my situation.
I485 applied in July 2007, pending.
I140 Approved,
Valid EAD available
I am still working on H1 with the same employer. They applied for 8th year H1 extn in Sept 2009 as my 7th year H1 was about to expire in Sept 2009. Received an RFE on H1 now. This can be answered but now my company attorney has found that the job description in LCA and H1 petition were different. As a result, he thinks that my H1 is going to be denied even though the present RFE is answered. Now my employer decided just not to answer the RFE and get this H1 denied automatically and change my status to EAD for work.
My questions:
1) Will this have any adverse effect on my I485?
2) Can change in job duties mentioned in this H1 application be an issue in I485 later?
3) Is it better to answer RFE and get H1 denied OR just not answer H1 RFE, considering I485?
4) Is there a way to withdraw H1 petition? Will that be better?
Please advise. Thank you in advance,
SD
Here is my situation.
I485 applied in July 2007, pending.
I140 Approved,
Valid EAD available
I am still working on H1 with the same employer. They applied for 8th year H1 extn in Sept 2009 as my 7th year H1 was about to expire in Sept 2009. Received an RFE on H1 now. This can be answered but now my company attorney has found that the job description in LCA and H1 petition were different. As a result, he thinks that my H1 is going to be denied even though the present RFE is answered. Now my employer decided just not to answer the RFE and get this H1 denied automatically and change my status to EAD for work.
My questions:
1) Will this have any adverse effect on my I485?
2) Can change in job duties mentioned in this H1 application be an issue in I485 later?
3) Is it better to answer RFE and get H1 denied OR just not answer H1 RFE, considering I485?
4) Is there a way to withdraw H1 petition? Will that be better?
Please advise. Thank you in advance,
SD
