Green Card or H1B or both

[ischaran]

Currently I am on F1 and it will be expiring in Aug 2003. My EAD started in June 2002 based on F1 and it will be expiring next year.
I got married to a US citizen in July and I applied I-485 and I-130 in September. have not recieved any reciept from INS yet. My employer is also capable of sponsoring H1B and EAD to me. My questions are:
1. If I don' hear any thing from INS until next August, will I be out of status. In that case should I ask my employer now to sponsor H1B for me or not.
2. Should I apply for Advance Parole and EAD extension. My emmployer is ready to file that for me too.
Please advice me what is the right approach.
Thanks
Choices:

[VivaLasVegas]

If you are married to a US Citizen and have applied for the AOS packet you are considered to be in status. If you dont hear from INS by Dec of this year feel free to walk in to the office and ask them to give you an interim EAD till your new AOS based EAD is issued.

AOS processing times vary from every district office.

You also have an Option to file through an employer. But if this application is pending there is no need for you to do so.

Also you employer can file for a green card petition instead of an H-1B. Have your employer talk to an immigration attorney and explore that option too.

Hope that helps.
Good Luck!

[ischaran]

Thanks sachin,
At the time of applying I130 and I485, I did not apply for another EAD and AP.
Can I apply for AP and EAD extension now through my employer?
What will happen if my AOS gets denied? Though my wife and I have been living together for 2 yrs and we are buying a house together too.

FYI, I applied my AOS apps to Cinicinnati Local offic by mail. How long will it take to get AP and EAD extension if I do it now. The reason being I may have to go to India in Feb'03.

[VivaLasVegas]

I am not sure if you can use your AP & EAD through your employer. Another thing is If your employer is processing your green card there is no need to file another petition with your wife.

Incase your AOS gets denied you always have the option to appeal the decision.

INS generally takes about 60-90 days to process an EAD / AP application.

From what I gather you have 2 I485 applications pending with the INS? One through your spouse and one through your employer? Is that correct??