EAD to H1

[sinma]

My husband applied for his GC and received his EAD in 2007. At the time I was under an F1 student visa. In 2008 I also took an EAD under his visa. Now he has become extremely abusive and also wants to return to India and abandon his GC application. I am working at a university and they are willing to give me an H1. But a lawyer tells me that this not possible since I technically have no visa status behind the EAD. Is this true? Does anyone have any knowledge of such a case?

Thank you,

A desperate wife.

 

[Jackolantern]

In your situation I don't think you can change to H1B within the US, but you can definitely change to H1B by exiting the US and reentering with an H1B visa. Of course, that would mean going back to India for visa stamping after the H1B petition is approved.

 

[LucyMO]

Could she go to Canada for a visa?

 

[TheRealCanadian]

Could she go to Canada for a visa?

If the consulate there is willing to give her an appointment. They are under no obligation to give them to third-country nationals.

 

[LucyMO]

that's true, but theoretically - she could. But then, she could also get stuck in an administrative check, or the consulate may send her to the consulate in her own country.