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...........
 
Hi, Krisappu:

You are not out of status since your H1 has been approved. It gives 3 years authorization of working in US. And you can renew it with another 3 year extension when the first 3-year time is up.

However, on your passport, you will not get a H1 stamp until you go out of country and go back in. Your current status can be either OPT or H1, because their time frame kinda overlapped in some way. However, after your OPT time is up, you have to give your H1 notice to your employer as a new work permit. So they can put it on your file.

Hope it answered your question.
 
krisappu, it's a difficult situation. You are on H1 right now, that's for sure. It's a question if your I485 application is still on or not. If you have taken F-1 OPT EAD after your I-485 application, then your I-485 application is already abandoned. If you applied and got approved before the I485 application, you are fine. It depends when you taken taken F-1 OPT. F-1 and I485 does not go together, so do the F-1 OPT and I-485. Contact your lawyer immediately and if possible discuss with 2-3 lawyers and please post the experiences and whatever they have said to this thread.

I have a similar situation and this is what INS said to me. then I spoke to a ex INS director who already retired and he told me this situation. Please check it now than later if your 485 application is still valid. I don't want to scare you but I am going through a very tough time, so just wanted you to know about all these.

Hope this helps.
 
Thanks Guys for the reply........I was really scared and thought
i could not change from 485 status to h1 without getting the stamping..............

Pibo, ............Regarding my 485 i am confident that it is
still active becuase i have the 485 EAD starting from april 2004
(basically i renewed the OPT ead to 485 Ead on january). It was kind of confusing.......the reason i applied h1 is because after
OPT expires in April 2004, i don't want to use my 485 EAD because
my our 485 is concurrent and 140 is pending........also since because of h1 quota issues i went to h1. But i thought my company will apply h1 starting date from OPT expiration date.....they messed up and h1 approved with starting date
february 2004.

Also i have a advance parole approved on august 2003. actually
i know i am in status but i was not sure that i was authorized to work because of all this confusions..........

Any other suggestion to my case is appreciated...........
 
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