EAD to H1B help ... urgent

M

megan09

New Member
Hi all,

I am dervative on my husband's I485 application. Currently i am working on EAD and using AP for travel. I have some personal reasons where i do not want to use EAD and AP. I would like to move to H1B (file new or use the previously existing one). What are the consequences on my husband's I485 ? Our priority date is very close to current. Will i be able to get GC along with my husband even though i convert my status to H1b ? What are my options ? Please advice.


Also, As a primary applicant for I-485 can my husband cancel my EAD, AP, I-485 application etc. If yes, how much time does he need to do this process ? What is my status going to be in case of cancellation (We currently live together)?

Thanks,
Megan.
 
You have to leave the US and reenter with a valid H1B stamp (or an approved petition, if you're Canadian) to go back into H1B status. Doing that would still allow your I-485 to proceed and get approved.

Your husband can't cancel your I-485, EAD, or AP unless he cancels his own I-485 or gets a divorce.
 
Jackolantern,
Thanks a lot for te reply. I am an Indian Citizen. Do I have to get the H1 stamped next time i visit my home country or Do I have to leave now and get stamped and then enter into US ? Please clarify.
 
megan09 said:
Thanks a lot for te reply. I am an Indian Citizen. Do I have to get the H1 stamped next time i visit my home country or Do I have to leave now and get stamped and then enter into US ? Please clarify.
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You will not switch back to H-1 status until you do. Why do you want to?
 
Do I have to get the H1 stamped next time i visit my home country or Do I have to leave now and get stamped and then enter into US ? Please clarify.
Click to expand...

You won't have H1B status until you exit the US and reenter with a valid H1B stamp in your passport. So whether you leave the US now, or leave next month, or next year or whatever, depends on how soon you want to reestablish your H1B status.
 
My Priority date has become current in the august visa builitien. Will 30 days in August good enough to get GC with Priortiy date 30th Dec 2005 ?
 
megan09 said:
My Priority date has become current in the august visa builitien. Will 30 days in August good enough to get GC with Priortiy date 30th Dec 2005 ?
Click to expand...

If I could accurately predict the future, I'd be picking lottery numbers. Your I-485 might get approved, it might not.
 
megan09 said:
My Priority date has become current in the august visa builitien. Will 30 days in August good enough to get GC with Priortiy date 30th Dec 2005 ?
Click to expand...

Some people get their GC approved the first week after the PD becomes current. For others it takes a few months (mine became current in May 2007, but was approved in July 2007). But for others it stays pending until retrogression kicks in again and forces them to wait a few more years.
 
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