What to do about an I-485 and an H1B?

Over a year ago my wife and I filed our I-485 (spouse as my petitioner (Cuban adjustment). In mid-summer we were separately interviewed and had several inconsistent answers due to which received a NOID quoting those answers. Then 2 months ago we responded to this NOID with sworn statements, additional evidence, and explaination why the answers mismatched. Now it is almost 2 months since we filed the response, still no news from USCIS. Meanwhile I was offered a full-time position with a company that could petition an H1B. What are the rules that apply to such case? Can I change my status from pending 485 to H1B? What will happen if the 485 is denied in that case? Do we need to cancel our 485 before it is denied and switch to H1B?

Asked on November 1, 2014 under Immigration Law, Florida

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, it is all right for you to start a job and have the employer petition you for a H-1B.  Since H-1B is a dual intent visa, you can have it with an employer while having a I-485 pending.  There is no problem with that.  Do not cancel the I-485 since there is a chance it will be approved.  But you can still go ahead and proceed with the H-1B.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.