Help please: AOS or H1?

P

pharmboy

Registered Users (C)
I am on H1 and 485 pending. My wife started working on CPT then the company applied H1 for her. but her CPT ended and then she started using EAD. At the similar time frame, H1 got approved. So now the company lawyer told her that she is on AOS, not H1, is this true? If she is now on AOS, can she get back to H1 since the H1 petition is already approved? many thanks....
 
Once you use EAD, you cannot go back to H1, without seriously jepordizing the AOS.

I don't see what the problem is though, as long as you are the primary applicant and she is the dependent who is using her EAD, it shouldn't be a problem or cause for concern. Yeah it would have been nice to have an option, but being an adjustee is not that bad.

I would suggest that you apply for AP asap, so that she can travel abroad at will.
 
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