Can I apply H1 although I have a pending I-485 AOS application

[meili]

Hello Gurus, I applied for F1->AOS through my USC husband last year, but after interview, they told me the case is pending FBI name check. I never heard from them since then. Then I've been busy with school and job hunting. Now I'm graduating and I got a pretty good job offer from big company. This company definitly sponser H1, they even asked me if I want H1. But I told them I have EAD though I-485 pending. Recently, I found out my husband might be sick of me focusing on my career all the time and he's flirting with other women on line quite often or possible in real life. I'm deeply hurt. But I do not want to blame him or anything. Regardless of the emontion thing, I was wondering if I can still file H1 through the company that I'll start my work regardless that I have a pending AOS application? (I do not plan to ask my husband to withdraw the case because our relationship might still be savable.) If so, what should I do to get it started? Thank you very much for any advise.

[GCWaitLA]

Im sure this is something that can be done ...I had my interview in June 2004 and its still pending Name Check / Background Check ...my reccomendation would be to talk to the immigration attorney of the company which offered you a job ...This process is like a lottery ...you can get your Green Card in a month or few years ...h1 would make you independant of all this name check business..

[cityfz]

i believe it depends on whether you have been out of status. I've councelled several attorneys on this issues but get different answers. The problem is it's hard to define the status of I485 pending. When applying for H-1 visa inside the US, we are usually transferred from some other non-immigration status. So I just don't know, when I-485 pending, from what status we are transferred from.