485 and H-1

L

laava

Registered Users (C)
Not sure if I should ask this question here.

I'm currently a F-1 student working with OPT, which expires next June. I filed currently I-140/485 this January. But nothing happens so far. So I'm asking my employer to apply an H-1b visa. Is it true that in order to get a H-1 visa, I have to travel?
Another choice is to apply EAD based on 485. However, without 140 approval, it's dangerous to use EAD, right?

Please advice!
 
In order to get a H1 you need not go out of the country. But if you want a stamp on the passport then you have to go to your country of residence and get stamped there. If you are doing a H1 transfer or H1 extension then you just send your passport to St. louise for a visa.

yes it is not advisable to work with EAD while I-140 is not approved. I doubt if they will issue an EAD if I-140 is not approved.
 
I heard that once I filed I-485, my non-immigration status (F-1) is lost and my status become Adjustment of Status (AoS). Thus in order to get a non-immigration visa such as H-1b, I have to leave US and re-enter.

Is it a rumor?
 
>Thus in order to get a non-immigration visa such as H-1b, I have to leave US and re-enter.

laava - Like tivam said,

H1B Permit: No need to leave US
H1B Visa on Passport (using Permit): Need to leave US
 
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