How to adjust change to H-1 without leaving US?

T

tmta

New Member
Please help me understand if I can use EAD and how to change to H1 without leaving US.

I am a student now, but F1 will expire on August 2006. I have EAD based on my spouse's I-485 pending, NOT based on F1 OPT.

If the company can sponsor H-1B before my F-1 status expires in Aug 2006, and assume H-1B will be approved in Oct 2006,

1) Can I stay US between Aug 2006 and Oct 2006 if I don't use EAD?
2) If use EAD card based on my pending I-485 to work between Aug 2006 and Oct 2006, Can I stay US to adjust status from F1 to H1?

I asked several lawyers, but have different answers. One lawyer says once you use EAD, you will be in 485 pending, can't change to H1 within US.
 
You may apply for new H1, but I guess you can not change your status to H1 in the US if you use EAD. Using EAD invalidates your non-immigrant status(F1) and this probably makes you unable to file change of status(I539). Staying in the US is fine as long as your I485 is pending.
Why dont you use EAD to work instead of H1 ?
 
GotPR? said:
You may apply for new H1, but I guess you can not change your status to H1 in the US if you use EAD. Using EAD invalidates your non-immigrant status(F1) and this probably makes you unable to file change of status(I539). Staying in the US is fine as long as your I485 is pending.
Why dont you use EAD to work instead of H1 ?
Click to expand...


Thank you GotPR? !
Because of the retrogression, don't know what will happen to my spouse's pending 485, so for the safety, i wanna keep my status independent.
 
Did you ever get a proper answer to this issue, we have the same exact issue here. Better yet, were you able to get your H-1?
 
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