can I apply H1 visa after using EAD

Q

qiuchan

Registered Users (C)
Hi, I am working as a postdoc in a university. My husband is in I-140 approved
and I-485 pending status. So I was using EAD card that was associated with my
I-485 pending status (sponsored by my husband green card application). He
recently changed his job and is using his EAD card too. We feel unsafe.
My question is:
1.Can I apply for a H1 visa?
2. Can I use my H1 visa?
3. Or can I hold my H1 visa as a backup until we hear denial about our I-485
status?
Thank you very much
 
A H1 visa petition is filed by your employer, and not by you. An employer is free to petition for any alien, provided they can fulfill all the requirements attached to the visa type. You should be ok.

In my case I had an EAD (F1 OPT) and worked a couple of months on my EAD before my H1 was approved.
 
Re: EAD and H1

After using EAD (not EAD for OPT), you are no longer eligible for another H1. try to keep non-immi status in case there is something happen (little chance), since you have a job everything will be OK
Good luck!
 
qiuchan said:
Hi, I am working as a postdoc in a university. My husband is in I-140 approved
and I-485 pending status. So I was using EAD card that was associated with my
I-485 pending status (sponsored by my husband green card application). He
recently changed his job and is using his EAD card too. We feel unsafe.
My question is:
1.Can I apply for a H1 visa?
2. Can I use my H1 visa?
3. Or can I hold my H1 visa as a backup until we hear denial about our I-485
status?
Thank you very much
Click to expand...
You need a sponsor to file your H1b visa. To get back on H1b status, however, you need to go out of USA, get visa stamped and then re-enter USA.
 
No chance to change H-1 if you are not going to stay outside the states for a time. To make yourself safe (what you mean), the practical approach is to ask your employer to do an additional I-140 application for you. just my 2 cents. :rolleyes:
 
Thank you for your replies.
My boss, who is a nice guy and does not know much about immigration stuff, has agreed to sponsor me to apply for an H1 visa. So I won't need to worry about sponsorship.
The question is, under my current status, using EAD, AP (went back to India for a visit and came back this April), and I-485 pending, if my H1 application is submitted, will it be denied by BCIS or accepted?
If I get a H1 visa, it seems that I can not use it until I re-enter US and get stamped. But I can hold it until I really need it. Am I right?
Thanks again.
 
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