Applying H1b while I485 pending?

[ycning]

Hi, my wife and I are in AOS (employment based) and I’m the principle applicant. My wife got an offer from a company, which can sponsor her H1b. I know practically she doesn’t need H1b because she can use the EAD. However, I’m facing a potential lay-off now, so we prefer she goes to apply her own H1b. I’ve talked to a lawyer regarding this, his answer is H1b is not barred by AOS. I’m just wondering whether someone did this (applying H1b in AOS stage) before and successfully obtain H1b?

Thanks.

 

[joyd]

Originally posted by ycning
Hi, my wife and I are in AOS (employment based) and I’m the principle applicant. My wife got an offer from a company, which can sponsor her H1b. I know practically she doesn’t need H1b because she can use the EAD. However, I’m facing a potential lay-off now, so we prefer she goes to apply her own H1b. I’ve talked to a lawyer regarding this, his answer is H1b is not barred by AOS. I’m just wondering whether someone did this (applying H1b in AOS stage) before and successfully obtain H1b?

Thanks.

Green card is for future job, H1 is for current job, so as long as she is within the 6 year H visa limit (H1/H4), and has been in status throughout her stay in US, I don't see any problems.

 

[GC_GoneCase]

Originally posted by ycning
Hi, my wife and I are in AOS (employment based) and I’m the principle applicant. My wife got an offer from a company, which can sponsor her H1b. I know practically she doesn’t need H1b because she can use the EAD. However, I’m facing a potential lay-off now, so we prefer she goes to apply her own H1b. I’ve talked to a lawyer regarding this, his answer is H1b is not barred by AOS. I’m just wondering whether someone did this (applying H1b in AOS stage) before and successfully obtain H1b?

Thanks.

Yes, I have done it. No issue at all. Apllied via premium processing ( H1 and H4 both) and got it in less than 10 days.
Hope that helps.

 

[Jharkhandi]

Hi, my wife and I are in AOS (employment based) and I’m the principle applicant. My wife got an offer from a company, which can sponsor her H1b. I know practically she doesn’t need H1b because she can use the EAD. However, I’m facing a potential lay-off now, so we prefer she goes to apply her own H1b. I’ve talked to a lawyer regarding this, his answer is H1b is not barred by AOS. I’m just wondering whether someone did this (applying H1b in AOS stage) before and successfully obtain H1b?

Thanks.

Your lawyer is right - you can do it.