AOS application while H-1B is pending?

elie

Registered Users (C)
Hello,

I would like to hear your thoughts on the following:
My employer filed H-1B on my behalf. So far I don't know if the application was approved or not. My F-1 OPT EAD expires at the end of June.

On April 16th my sweetheart and me got married which came as a surprise to the company where I work. We're planning to file for my AOS next week. So the question is: do you think that our case will undergo more scrutiny because of the fact that my H1B application is pending and that my EAD is expiring soon.

I mean the company wouldn't leave me hanging either way...but I am just wondering how this situation will be looked upon by the USCIS.

Also would it cancel my H1B application automatically as soon as I file for AOS. I know that H1B allows dual intent, but I am not sure if they will be able to see it immediately that I have another application pending when AOS documents are received. Your advice is appreciated much as always!
 
Your marriage based AOS will not cancel your H-1B application.

Hello,

I would like to hear your thoughts on the following:
My employer filed H-1B on my behalf. So far I don't know if the application was approved or not. My F-1 OPT EAD expires at the end of June.

On April 16th my sweetheart and me got married which came as a surprise to the company where I work. We're planning to file for my AOS next week. So the question is: do you think that our case will undergo more scrutiny because of the fact that my H1B application is pending and that my EAD is expiring soon.

I mean the company wouldn't leave me hanging either way...but I am just wondering how this situation will be looked upon by the USCIS.

Also would it cancel my H1B application automatically as soon as I file for AOS. I know that H1B allows dual intent, but I am not sure if they will be able to see it immediately that I have another application pending when AOS documents are received. Your advice is appreciated much as always!
 
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