Legal Question in Immigration Law in Oklahoma

h-1b denied i-140 approved and i-485 is current.

i am in weired situation,

My h-1b renewal denied on 31 jan12 and my i-485 dates became current on dec 2012.

my question is now what should i do?i was going to file for i-485.

i am very confuse can i go ahead and file i-485 because my current employer wants to keep me on job.

or can i file for appeal or i have to go back to home country?

Additional information

employment based i-485,

i-140 approved

priority date dec 3rd 2008 EB 2

h-1b renewal denied ( first time approved oct 2008 to oct 2011)

i also heard that person can file new h-1b with approved i-140.Do i have to file h-1b in order to

stay in status. can i file for i-485 staying in usa with denial h-1b.


Asked on 2/01/12, 3:29 pm

2 Answers from Attorneys

Mercy Sequeira Law Office of Mercy Sequeira

You can probably file an I-485. However you must have an attorney evaluate your case. My offices routinely files adjustment of status in employment based cases. Feel free to call me at 408 245 2416 for a consultation. I can also be reached at [email protected]

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Answered on 2/01/12, 3:33 pm
Charles Medina Law Office of Charles Medina

You may be able to file your I-485 under INA 245 (k). We suggest you to consult with an immigration attorney to discuss the requirements of INA 245 (k).

You may visit our website at www.medinalawgroup.net for our featured cases that cover the most complicated areas of immigration law. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 2/01/12, 4:04 pm


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