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

[Krisappu]

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...........

 

[jaxen]

Once 485 was applied on your behalf you should have used the 485 based EAD to even continue your studies, let alone work using OPT. This might be a remore factor for a US consulate to refuse your H1 stamp.
You are on both H1 and I485 adjustee status. For travel purposes you can use either AP (I485 based) or H1. Dont use OPT EAD anymore. File I-9 with start date of Feb 2004 ASAP - use H1 as employment authorization.

You are not out of status.