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niline

New Member
my usc spouse filed I-130, I-485 and I-765 for me. Before this, I was a h1 holder (at the very beginning of the first three years). But now we find the marriage dosn't work. Can I get back to my h1 status now? The 2nd question is if I can't find an employer sponsoring h1 now, can I get back to H1 status after I get the EAD?
 
You can get back to H1 if someoe sponsors you, but you can't go back to the original. All of this year's H1 spots are taken so the earlies you could start working on H1 again would be 10/07. I'd hang on to the marriage if I were you.
 
niline said:
my usc spouse filed I-130, I-485 and I-765 for me. Before this, I was a h1 holder (at the very beginning of the first three years). But now we find the marriage dosn't work. Can I get back to my h1 status now? The 2nd question is if I can't find an employer sponsoring h1 now, can I get back to H1 status after I get the EAD?
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Sounds to me like you're out of luck, your H-1B status is only good while its valid and you continue to work for the same employer that sponsored you for it. If you're still working for the same employer and your H-1B visa hasn't run out, then you're OK, filing for AOS doesn't invalidate an H-1B.

My advice, work a bit harder on the marriage, you got married for a reason in the first place right?
 
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