Medical residency and AOS

M

moksha

New Member
I am currently on H4 visa. My husband is on H1. My husband and I have filed I-485 application more than 6 mths ago( Based on his employment).
We both also have EAD's but have not used them so far.
I will be joining a residency( medicine) this year and have the option to work either on H1 or use my EAD.

Question:
1)If I change status to H-1, will my AOS application be affected in any way?

2) Am I better off using the EAD or to change status to H-1. I have been told that keeping a valid H-status during AOS is useful.

Any advice is much appreciated.
Thanks
 
We had a similar situation, but my wife was not offered H1. So she is doing her residency using EAD. If you can get H1 that will be better. It does not affect your AOS appliation. H1 gives you a safety net if for some reason your AOS application is denied (I hope not). Also, for EAD you have to spend $300 every year and it can make things difficult (specially if ou do not get it approved in time- you can only apply 120 days before expiration and it may take more than that).

Visa is another issue. AP is easier to travel specailly if getting H1 visa may be an issue in your country. However, as far as I know, using AP does not invalidate your H status (as long as you do not use EAD). Good luck with your intern year.
 
hirshad said:
We had a similar situation, but my wife was not offered H1. So she is doing her residency using EAD. If you can get H1 that will be better. It does not affect your AOS appliation. H1 gives you a safety net if for some reason your AOS application is denied (I hope not). Also, for EAD you have to spend $300 every year and it can make things difficult (specially if ou do not get it approved in time- you can only apply 120 days before expiration and it may take more than that).

Visa is another issue. AP is easier to travel specailly if getting H1 visa may be an issue in your country. However, as far as I know, using AP does not invalidate your H status (as long as you do not use EAD). Good luck with your intern year.
Click to expand...

that's right. having a parallel h1b gives you some protection if your aos application has any issues. can you guys (moksha and hirshad) check your private messages? i had a question on residency. thanks for your time.
 
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