H-1 or L-1 after I-485 returned

[nonsuchtea]

Hi,

If I-485 is returned because USCIS got it in July, and if one goes back to India and later apply for H-1 or L-1, will there be a problem ? Since the application is not accepted in first place, will that matter ? Anyway, in the visa application we will be saying "yes" for the question "have you applied for any immigrant visa" ;( I guess.

Appreciate your response.

[leifbooger]

Since the application was returned, you can answer "no" for that question. You still are in the non-immigrant category so you will easily get any visa in the future.

[sandeep_kad]

Since the application was returned, you can answer "no" for that question. You still are in the non-immigrant category so you will easily get any visa in the future.

Does not matter if you applied for 485 or not. Once you have applied for I-140 you have to say YES to the question because I-140 is an Immigrant visa petition.

[leifbooger]

Does not matter if you applied for 485 or not. Once you have applied for I-140 you have to say YES to the question because I-140 is an Immigrant visa petition.

The company you work for applies for labor and I-140 whereas I-485 is applied by you. I-140 is to petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien. You do not sign anywhere on the form I-140. Your company can file I-140 even without your knowledge.
I-485 is to apply to adjust your (alien) status to that of a permanent resident of the United States. You need to sign the form I-485.