F-1 to H-1 while AOS?

T

teene

Registered Users (C)
My wife came to US as a student with F-1 visa. We got married here and I am applying for the GC for both of us. Our 485 was submitted one year ago. Recently my wife got some job offer and are ready to graduate from school. My question is that if she doesn't want to use EAD (in case our AOS rejected), can she apply for H-1 visa from her F-1 status at this stage?
 
yes, I would think so. If she maintained F-1 status all this time, she can certainly change it to H1 now. You do know that she may be eligible for Optional Practical Training for 12 months upon her graduation. She needs to apply before she graduates, though. Her international center will help her file it. That will give her a year to get that H1, just in case cap is reached, etc. :)
 
If she used her EAD once, could she still be able to apply for her OPT and H-1?

Many thanks.
 
since she used AOS EAD, she is not in F-1 status, she is "pending AOS". She can't apply for OPT, but she can continue working on her AOS EAD. WHy would you want OPT EAD, if she already has AOS EAD? Shouldn't have a problem with H1, though.
 
LucyMO, thank you for your explanation. Just want to clarify your last comment, does it mean if she uses AOS EAD, it would not have impact for her to obtain an H-1B while we both are waiting for AOS? Or in other words, could she apply for H-1B while using AOS EAD?

The reason we concerned about the AOS EAD (though we did use it once) for her incoming employment is that in case my application fails, she does not have to depend upon my status and may start her GC process separately.

Many thanks.

LucyMO said:
since she used AOS EAD, she is not in F-1 status, she is "pending AOS". She can't apply for OPT, but she can continue working on her AOS EAD. WHy would you want OPT EAD, if she already has AOS EAD? Shouldn't have a problem with H1, though.
Click to expand...
 
If she has used her EAD, she cannot apply for OPT, in fact, she is not eligible as OPT is F1 and EAD was through AOS. Hope that answers your question.
 
You must log in or register to reply here.
Top