AOS while on V1.. Real Dilemma

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sap12452003

Registered Users (C)
I applied for COS(H1-V1) & EAD (along with V1 COS application). Both COS & EAD was approved in Jan 2004(Both Valid till Jan 2006). Then In May 2004, my spouse naturalizes(became US citizen) I applied for AOS(Filed only I-485 along with I-130 approval notice, but didn't applied for EAD or AP application).
Now my concerns are

1. Am I still on V1, or it is considered terminated?
2. Can I continue working on EAD, which was issued along with V1? or do I have to stop working & apply for another EAD, based on pending AOS?

3. Would I be considered "Out Of Status" from Mid May(when she became citizen) to June End(When actually I applied for AOS)?

Attorney or some Knowledgeable persons attention/answer is really appreciated.
Please, reply..
 
COS H1 to V1

Hi,
As soon as your spouse becomes a US citizen your I-130 gets upgraded to immedeate family . As far as I know you will lose your V1 status.however since you are an immedeate relative of a citizen and filed I485 you can stay in the country . Someone please correct me if I am wrong.

I am not sure about the EAD though . I don't know if you have to apply for a new one . Thanks .
 
Thank you, But

Well, I recently learned from the INS website, which says following..

If the LPR petitioner of the Form I-130 that qualified the beneficiaries for V nonimmigrant status becomes a United States citizen, the petitioner's spouse and children (and any derivative
Child) will no longer qualify for V nonimmigrant status as defined under section 101(a) (15) (V) of the Act. Their V status will expire when the current period of authorized admission ends, and they will not be eligible to renew V status.

So, as far as status is concerned, I am Ok till the validity of my V visa. But I want to know regarding EAD..

I would apprecaite if someone can answer that.
 
I found out that in Pittsburgh you can get the EAD from the local office the same day (Temporary EAD) you apply for it along with I485 .
 
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