Can a person undergoing AOS apply for an H1B?

M

myredskins

Registered Users (C)
I hope someone can provided some pointed answers to help me answer my former employers.

Background
I was on an H1B from 2005, then changed jobs. Now after starting on the second job, in February 07 (while the H1B was being 'transfered') I went ahead and also applied for AOS through marriage. So I worked for the second company till April (3 months) were I got a letter from USCIS saying I needed to consular process my H1B (since I had stayed at home for 2 months between 12/06 & 01/07). So I had to quit my job as I had no passport at the time to travel to my homeland.

My former employers are hollering at me trying to figure out if I can still travel & go get my H1B approved overseas so I can come back to work for them?

Question:

1) How do I answer that question? I want to work for them, but I think I can't be given an H1B anymore coz of my intent to immigrate as shown in my AOS? Am I interpretting things correctly?
 
I think there is no problem in you applying for an H1-B visa, because it is a dual intent visa. In the other hand, you would be better off waiting for the EAD... It would probably take less time (you can always try to get it expedited). You are only 30 days from getting an Interim EAD also... so whatever you decide to do, I would rather sit tight and wait for the EAD rather than applying for an H1B.

Tell them to be patient (or you will go work for someone else when you get your EAD).
 
1) Interim EAD where did you hear about that? I thought they were abolished?
2) Expedited EAD? My DO told me (through an INFOPASS) this is off limits. No such thing. Even the NBC website says they dont expedite EAD's.
 
Extract from I-765 (current version) Page 11:

Interim EAD.

If you have not received a decision within
90 days of receipt by USCIS of a properly filed EAD
application or within 30 days of a properly filed initial EAD
application based on an asylum application filed on or after
January 4, 1995, you may obtain interim work authorization by
appearing in person at your local USCIS district office. You
must bring proof of identity and any notices that you have
received from USCIS in connection with your application for
employment authorization.

Eligibility for an interim EAD may be delayed for any period
that a request for evidence or notice of intent to deny on this
application (or any application upon which you have based
your claim of eligibility for employment authorization) remains
unanswered. An interim EAD will not be granted if you fail to
appear for your biometrics appointment in connection with this
application (or any application upon which you have based
your claim of eligibility for employment authorization).
 
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