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AC-21, I-485 Rejection, can H1b be used??

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  • AC-21, I-485 Rejection, can H1b be used??

    Hi,

    I have a H1b that is valid till mid 2006 (I-129, visa stamping has expired though). I used Advance Parole (AP) to enter US in Aug 2005. I work for a very large wireless telecom co. and have an offer from another similar co. The job is similar but not exactly same. My I-140 is approved in March 2005, and 485 is pending since March 2004 (more than a year).

    So, am I right to say that my H1B is no longer valid as I have used AP, and my only option to switch jobs is based on AC-21? Or Can I switch based on H1b as well?

    If the above is true, in the worst case if my 485 is rejected can I get me H1b back?

    Both of my employers are very friendly, at least based on the previous experience. The current employer will not revoke I-140 and the new employer would be ready to transfer me based on H1B.

    In such case what is the best way from me to move forward..

    Your advise is highly appreciated..

    Thanks..

  • #2
    Originally posted by spam
    Hi,

    I have a H1b that is valid till mid 2006 (I-129, visa stamping has expired though). I used Advance Parole (AP) to enter US in Aug 2005. I work for a very large wireless telecom co. and have an offer from another similar co. The job is similar but not exactly same. My I-140 is approved in March 2005, and 485 is pending since March 2004 (more than a year).

    So, am I right to say that my H1B is no longer valid as I have used AP, and my only option to switch jobs is based on AC-21? Or Can I switch based on H1b as well?

    If the above is true, in the worst case if my 485 is rejected can I get me H1b back?

    Both of my employers are very friendly, at least based on the previous experience. The current employer will not revoke I-140 and the new employer would be ready to transfer me based on H1B.

    In such case what is the best way from me to move forward..

    Your advise is highly appreciated..

    Thanks..
    Hi Spam,

    ONce you use your AP you are no longer on H-1B and in case your I-485 is denied then you cannot go back to H-1B. Ultimately you have to leave the country. Thats what my attorney told me.

    Good luck

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