AOS vs. H1 (again)

B

Bic_1702

Registered Users (C)
Hi everybody!
Now that we've gone one step further with the I-140 approval, we are envisioning new immigration avenues.:-)
We were thinking to give up H1 status and to become AOS pending, so that in the worst case scenario that BCIS denies our I-485s, then we could use our years left on H1/H4.
What are the risks involved in this scenario?
I know that one major risk is that we would need to go back to our home country and then come back on H1.
Thx.
B.
 
in my understanding u can switch to EAD for a year and if I-485 is rejected after that u can still apply for H1 and whole cycle starts again ( 6years) . Am I right?

Thanks
 
Originally posted by raojii2003
in my understanding u can switch to EAD for a year and if I-485 is rejected after that u can still apply for H1 and whole cycle starts again ( 6years) . Am I right?

Thanks
Click to expand...

To restart the cycle after six years I guess you need to be out of US of A for one year.
 
On the same topic,

My lawyer says that , in such cases where the candidate needs H-1B visa in addition to EAD, then the employer has to pay entirely for the H-1B visa fees ..(its a rule infact). But my employer says, why they need to spend on H-1 when I can get EAD renewed ..(makes sense for them to save money) ..

But, my predicament is: Should I spend my money to have h-1 renewed even though I have EAD valid thill next may ..??
 
h1 vs EAD

Hi,

>I know that one major risk is that we >would need to go back to our home >country and then come back on H1.

You are right. This is the only risk since you are out of state (if gc is rejected) when you work for EAD and do not renew your H1B. In worst scenario, if GC is rejected, the person can use his remaining years to work as H1B. I do not see any point in keeping both the status valid. I have a friend who works with H1B after his GC was rejected.

thanks,
some_guy03
 
some_guy03...

> I have a friend who works with H1B after his GC was rejected.

would you care to share with us the reason why your friend's GC was rejected?
 
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