Filing I-485/AP/EAD before I-140 aproval

[neva2003]

I-140 is filed and I-485/AP/EAD are filed before I-140 is aproved. On H-1 while applying.

Assume I-485/AP/EAD are aproved while I-140 is still pending. Assume also I travel abroad on AP.

What happens if later I-140 is denied?

Will I be out of status on my H-1 visa?

[dvkrao]

Filing I-485/AP/EAD before I-140 aproval

If you file 140, 485, ead, ap concurrently, EAD may be issued on Primapacely after verifying the documents you suibmitted. If there is any additional information required, then they will send you RFE. If I-140 is denied then your AP and 485 will be denied. If you still maintained H-1 status, then you can continue to work on H-1.

Without 140 approval, you will not be clered for AP and 485.

If you start using AP, then your H-1 status will no more valid.