Posted by: neerman July 8, 2016
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while working on CPT, you are not voilating the F1 status and you are legally working under status.
If I-485 is denied, and your H1B is still valid, you can file for MTR that will take sometime to resolve the issue however chances of approval rate is low. During that time, if your H1B is in first 3 years, you can extend for another 3 years or if you H1B is in last 6th year, you can extend for another 1 more year to remain in status (You did not mention about your H1B status in detail, so I am assuming you have valid H1B). If your H1B is expired or going to expire and can not extend, then COS to F1 (join university).
If you want to continue with MTR, you can still work with EAD renew until your case is decided and in this case, you still have to maintain your H1B otherwise you will in Authorized Stay (AS) and the moment your I-485 is denied in MTR, you will be out of status from the date your first I-845 denial letter. So, consult a good immigration lawyer or ask your lawyer who filed GC for you for plan B.
If I-485 is denied, and your H1B is still valid, you can file for MTR that will take sometime to resolve the issue however chances of approval rate is low. During that time, if your H1B is in first 3 years, you can extend for another 3 years or if you H1B is in last 6th year, you can extend for another 1 more year to remain in status (You did not mention about your H1B status in detail, so I am assuming you have valid H1B). If your H1B is expired or going to expire and can not extend, then COS to F1 (join university).
If you want to continue with MTR, you can still work with EAD renew until your case is decided and in this case, you still have to maintain your H1B otherwise you will in Authorized Stay (AS) and the moment your I-485 is denied in MTR, you will be out of status from the date your first I-845 denial letter. So, consult a good immigration lawyer or ask your lawyer who filed GC for you for plan B.