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...........
 
There are several questions in your post......

First, when you applied for your 485 your status became "pending AOS". But whether that would cancel your F1 OPT, I am not sure. If it had, you should have had a 485 EAD to work. You might want to research on that subject.

H1 is not applied by you, but for you by an employer. So that should not affect a pending 485. However, when your H1 was approved, your status changed to H1 - your F1 OPT is no longer applicable. Starting Feb 2004 your employer should start deducting social security tax (some states don't collect SS tax for everyone though). You were exempt from SS tax if you were on F1 OPT.

Traditionally, only H1 renewal could be done without leaving the country. First time H1 stamping should be done outside the US. There was some problem with even renewal stamping post 9/11 - some folks were not allowed to get a renewal stamping done in the US - they were asked to get it done in their home country.
 
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