485 to H1 status.....Urgent Please Help

K

Krisappu

Registered Users (C)
Hi,

Please help........It is extremly important..........

I entered US with F1 status.I graduated in May 2003, and i'm on OPT, (EAD) which expires in April 2004.I have applied 485 through my husband's employer on April 2003 and did not apply EAD. I got a job on last month used my OPT ead. My new employer filed for my new H1, and it just got approved with validity date starting
from Feb 2003. What status will i be in now?? Can i still use my OPT EAD untill April 2004 or i am already changed to H1 since the start date for H1 is Feb 2004 ? Also Since 485 is already applied for me on April 2003, can i change to H1 and work without leaving the country and getting the H1 stamping ? Am i out of status now ?


Please Help...........
 
The fact that you have applied for AOS as a dependenant is immaterial here. You were
in F1 till Feb 2004. Now that your H1 is approved (the OPT is tied to F1 status), you switch to H1as soon as that petition is approved. You'll just need to fill a form i-9 with your employer to indicate your changed status.

Your h1 approval letter i-797 is the indication of validity your status. You do not have to have a valid visa stamp to be in status. You can do the stamping either at DOS or whenever you visit your home country.

-Ramakriya
 
You are on H-1B

Hi,
You are on a valid H-1 and can start working without a visa stamp. Visa stamp is just for entering the country and you will need one if you want to travel abroad and re-enter the US. Also, it looks like you never had H-1 stamp since you were a F-1 student prior to this. Because of this you cannot get your visa through the DOS. You will have to go to a consulate outise the US, either your home country or canada or mexico. One can apply to the DOS for a stamp only if they want to renew an expired H-1 visa stamp.
 
Thanks Guys for the reply........I was really scared and thought
i could not change from 485 status to h1 without getting the stamping..............
 
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