EAD to H1b?

M

macrosky

Registered Users (C)
Dear friends,
I have applied NIW this July, and received my EAD card. I plan to work on EAD next year, but since my 140 has not got approved, it's very risky to rely on EAD. So I want to let my company to sponsor my H1-b next April, which will be effective from next Oct 1st, 2008.
Can I do that? Will this switch to H1b make my NIW application invalid? I really appreciate your knowledgable input. Thank you in advance
 
You can apply for H1.
Only potential issue is you may not get I94 attached to H1 approval. You need to get H1 stamp in that case.
NIW won't be affected by H1.
 
Thank you for your kind advice!

So I can temporarily use my EAD for several months, meantime apply H1b, and use H1b once I get it. This will not inactivate my current pending NIW I-485 application. Am I right?

What should I do not get I94 attached to H1 approval? Should I leave US and reentry? In that case, will this inactivate my pending I-485 application?

Thank you again!
 
macrosky said:
Thank you for your kind advice!

So I can temporarily use my EAD for several months, meantime apply H1b, and use H1b once I get it. This will not inactivate my current pending NIW I-485 application. Am I right?
yes

What should I do not get I94 attached to H1 approval? Should I leave US and reentry? In that case, will this inactivate my pending I-485 application?
if you didn't get I-94, you have to get new H1 stamp at US consulate abroad and enter the US with it. It won't affect your I485.
Thank you again!
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Thank you very much!
My specific situation is like this:
I am F1 student, and applied NIW (140, 485 and EAD based on 485) this July. I have received my EAD.
I am going to graduate early next year and got a job offer. I need to start my job soon after graduation.
Last month, I made a application for OPT, hope can get it. But since it's possible OPT get denied. I think I can use my 485 based EAD for a while especially if at that time my NIW 140 got approved.
Since there is still a chance 485 get rejected, so I want to apply h1b and transfer to H1b status on Oct 1st, 2008 if possible.
Is this a pratical way to do?
Sorry to ask you the question again. Thank you very much.
 
I consulted one local lawyer, he said:"
Yes, you may file the H-1b after using the EAD. However, you will not be able to change your status in the US after you have used the EAD and become adjustment pending status. The USCIS will approve the H-1b, but will not change your status to H-1b. Instead, they will require you to leave the country and apply for an H-1b visa at a US consulate with the approved H-1b.

However, if you leave the US and apply for the H-1b visa to re-enter in H-1b status, this could constitute an abandonment of your pending I-485."

Could anyone calrify this issue?
 
The 1st part is right. You won't get I-94 which means you COS is not approved even though your H1 gets approved. You have to get H1 stamp and reenter. HOwever, sometimes CIS approves H1 with I-94 under this circumstances and that is why I said it MAY. I think CIS is not consistent on this issue.

The 2nd part is probably right too, as your current status is F1.
Sorry, I did not consider the fact you are on F1 and I was probably wrong on what I said in the last post. So, your I485 might be affected by leaving the US.

If I were you, I'll apply H1. If I got I-94 luckily, then everything is ok and keep working under H1 once start date comes. If I94 did not come with approval notice, I'd stay on EAD and pray for I-485 approval.
 
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In the worst senario, if my H1 visa doesn't come with I-94, and I stay on EAD, and then my 485 get denied. May I simply leave US and re-enter US with my H1 stamped?
By the way, when I am using my 485 pending EAD, may I work for two employers? Such as full time for a company, and part time for a university? Thank you.
 
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macrosky said:
In the worst senario, if my H1 visa doesn't come with I-94, and I stay on EAD, and then my 485 get denied. May I simply leave US and re-enter US with my H1 stamped? Yes
By the way, when I am using my 485 pending EAD, may I work for two employers? Such as full time for a company, and part time for a university? Yes if you use EAD.
Thank you.
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