Application for H1 while I-485 pending!

G

gc7520

Registered Users (C)
Has any one come across such situation? I am on AOS and never renewed my L1 (intra company). My new employer (for a part time additional job) insists to have the h1 instead of letting me work on EAD. I am a November 2001 filer. Will this affect my AOS process? I am also looking at this and an opportunity to bring my family here on H4 through conuncellor processing. Lawer is saying it may be done but at my risk. Gurus Please advise!
 
I'd think the chances of you getting H1 with AOS pending are somewhat slim.
But with BCIS you never know what to expect.
 
Originally posted by gc7520
Has any one come across such situation? I am on AOS and never renewed my L1 (intra company). My new employer (for a part time additional job) insists to have the h1 instead of letting me work on EAD. I am a November 2001 filer. Will this affect my AOS process? I am also looking at this and an opportunity to bring my family here on H4 through conuncellor processing. Lawer is saying it may be done but at my risk. Gurus Please advise!
Click to expand...

Well, it's illegal to discriminate against qualified individuals with a valid EAD. The employer cannot insist on an H-1 if you have an EAD. You could possibly take legal action against that part-time employer, but I guess that won't be required.
 
See the underlining benefit

Why should I try to sue this employer? If I get my H1 stamped from embassy, (getting it approved from INS will not be a problem for sure) I can join with my family. But the question is really how it will affect my 485 process? and also the biggest factor of uncertainty is how the conuncellor will look at this application. Thanks.
 
That will not effect your AOS in any way.I recently got my H1 extended even though my AOS has been pending for about an year.
 
Re: See the underlining benefit

Originally posted by gc7520
Why should I try to sue this employer? If I get my H1 stamped from embassy, (getting it approved from INS will not be a problem for sure) I can join with my family. But the question is really how it will affect my 485 process? and also the biggest factor of uncertainty is how the conuncellor will look at this application. Thanks.
Click to expand...

Well, I'm not saying that you should sue that employer, but you could if you like :)

You could apply for an H-1 even when your AOS is pending. In my opinion that should not affect it. Also, make that consular as opposed to conuncellor.
 
Thanks

Thanks for your inputs. This is really a wonderful forum. I guess my chances are going to be at the witts of the counselor. and thanks for the spelling check.
 
You must log in or register to reply here.
Top