Changing to H1 while I-485 is pending

[alex2d2]

Changing to H1 while I-485 is pending [F-1 > I-485 > H1]

Can an F-1 who filed for AOS I-485 (based on direvative benefits from spouse) apply and get an H-1B without leaving the country. This would be done just in case something goes wrong with the I-485, like if it's denied, the person would still have a legal status in the US.

Is this possible?

 

[alex2d2]

Can anyone confirm or deny this matter, that you can change to H1B if you have a pending AOS and you have never used / applied for the AOS-based EAD or AP?

 

[alex2d2]

Anyone?

bump.

 

[GotPR?]

Can anyone confirm or deny this matter, that you can change to H1B if you have a pending AOS and you have never used / applied for the AOS-based EAD or AP?

Technically, you are no longer non-immigrant status and not able to change to other non-immigrant status, however, I believe a lot of people succussfully has done it. You probably won't find out until you actually try it.