F-1 --> I-485 Aos --> H-1

A

alex2d2

Registered Users (C)
If I go from F-1 to I-485 AOS (based on "derivative benefits" of spouse's EX [Nursing] I-485), and get an EAD based on the I-485... can I still (just to have a safety backup) get an H-1 visa while my I-485 is being processed, or not?

If I can, then does it matter if I have an H-1 and a EAD at the same time and I work for a company other than the one that is sponsoring my H-1...? because technically my AOS-based EAD would allow me to work anywhere I want.

Or should I just wait and transfer to H-1 from F-1 and then start my "derivative benefits" I-485 process?
 
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alex2d2 said:
can I still (just to have a safety backup) get an H-1 visa while my I-485 is being processed, or not?
Click to expand...

Sure.

If I can, then does it matter if I have an H-1 and a EAD at the same time and I work for a company other than the one that is sponsoring my H-1...? because technically my AOS-based EAD would allow me to work anywhere I want.
Click to expand...

Using the EAD automatically invalidates the H-1, so if you want to have two jobs the H is a waste of time and money.
 
Thanks for your reply.

I am thinking that H-1 would limit my oppurtunities... so I might just take the EAD route. Then the only question I have, is that if my I-485 doesn't go thru, would I still have the time and the ability to get an H-1?
 
I just wanted to bring back this thread because according to one lawyer I consulted with, one CANNOT get a change of status from F-1 > H-1B is he/she has a pending AOS application. Regardless of whether he applied for or used the AOS EAD or AP.

While another law firm responded to my email inquiry that one can do so, as long as he/she has never used an AOS EAD to work or the AP to travel.

I am caught in a big delimma, and I don't know which side to believe. I do see that a slight majority of web resources side with those that say that once you file your AOS, you cannot change your non-immigrant status from F-1 to H-1B without at the least having to leave the country, which is exactly what I don't want to do. The main purpose being that if anything happens to the I-485, one would still have a backup status in the form of an H-1.

Any specific knowledge regarding such a case would be highyl appreciated.
 
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