F1 to 485 to H1 status.....Urgent Please Help

K

Krisappu

Registered Users (C)
Hi,

Please help........It is extremly important..........

I entered US with F1 status.I graduated in May 2003, and i'm on OPT, (EAD) which expires in April 2004.I have applied 485 through my husband's employer on April 2003 and did not apply EAD. I got a job on last month used my OPT ead. My new employer filed for my new H1, and it just got approved with validity date starting
from Feb 2003. What status will i be in now?? Can i still use my OPT EAD untill April 2004 or i am already changed to H1 since the start date for H1 is Feb 2004 ? Also Since 485 is already applied for me on April 2003, can i change to H1 and work without leaving the country and getting the H1 stamping ? Am i out of status now ?


Please Help...........
 
i dont think you are out of status..why would u be? Did I miss something?

I think as soon as u got ur H1 and working for the same company...u r on H1..OPT is still valid..but why would u need 2 work permits to perform one job?

As someone else mentioned here, H1b is a dual intent visa..so having H1b and being in the 485 process is ok..Nothing to worry about..

Madhav
 
If I read you right you do not understand the difference between H1B status and H1B visa.

Once you have an approved H1B petition you are in H1B status. This status allows you to work even without a H1B stamp in your passport. Also your H1B status does not interfere with your 485 application. These two are separate.

If you want to travel now, you will need an Advance Parole document through your husband's 485 application OR you will need an H1B stamp in your passport.

Just make sure you do not travel without either of these because explaining your situation to an immigration office would be a mess.

Michal.
 
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