回复：NONSENSE. You can keep your H1B even unfortunately your I485

First of all, not all lawyers agree that one's H-1b status is still valid after his/her uses AP and I-485 is denied.

I believe that's within a grey area in the law. Saw someone posted USCIS's memo and claimed that using AP didn't invalidate H-1B status, BUT that memo was several years old, are you absolutely sure that there isn't any new memo that override that rule?

And let's assume it's true that using AP doesn't invalidate H-1B status, but are you sure that it won't happen that an IO denies your I-485 because he/she isn't familar with the memo. Yes, you can appeal after that, but you then have to endure all those stress and spend much more money for lawyer and etc. And what IF the IO's decision is correct? Because your information (the memo) is outdated??

So I would prefer to spend $130 for reapplying H-1B visa, rather than worry about this issue for a quite long time. But it's your own decision.

所有跟帖： 

• 多谢楼上的讨论，据此看来，485pending 期间 -绿票票- ♀ (88 bytes) () 01/11/2008 postreply 16:51:22

• 回复：多谢楼上的讨论，据此看来，485pending 期间 -pjiang- ♀ (172 bytes) () 01/11/2008 postreply 19:43:34

• CIS memo 一般只会对前度memo解释得更清楚更具有操作性。 -pharmacyelite- ♂ (0 bytes) () 01/11/2008 postreply 21:06:40