Moving from AOS pending status to H1

[ajnd80]

Folks,
A company applied for my wife's H1B visa in April, 2007. She made it through the lottery and received an approval notice, with a start date of Oct 1, 2007. However, before that date, my I-140 and I-485 were filed concurrently, providing her and me an AOS-pending status. She did not work at all for the company that sponsored her H1. Instead, she started working for another company on EAD. My question is whether she can go back on H1 status if her current company is willing to sponsor it. I believe she would be exempt from the H1 quota since she was counted against it in 2007 (even though she never used it). Can someone please confirm that this AOS to H1 transfer can indeed be done.

cheers,

A

 

[ginnu]

Folks,
A company applied for my wife's H1B visa in April, 2007. She made it through the lottery and received an approval notice, with a start date of Oct 1, 2007. However, before that date, my I-140 and I-485 were filed concurrently, providing her and me an AOS-pending status.

She did not work at all for the company that sponsored her H1. Instead, she started working for another company on EAD.
My question is whether she can go back on H1 status if her current company is willing to sponsor it.

I believe she would be exempt from the H1 quota since she was counted against it in 2007 (even though she never used it). Can someone please confirm that this AOS to H1 transfer can indeed be done.
------------------ her new employer can file H1 for her and after her H1 gets approved she need to go out of US get H1 stamp and enter on H1 status


A

I dont know why she wants to be on H1 she can keep working on EAD . if you are on H1 status then you have back up plan if anything goes wrong with I-485

 

[ajnd80]

Ginnu,
We are facing a situation where I might get laid off, due to which both my AOS application and H1 might be revoked by the company. In such a scenario, we would like that my wife be able to continue to work on H1. So the question is whether it would be possible for her to move from pending-AOS status to H1.

regards,

A

 

[ginnu]

Ginnu,
We are facing a situation where I might get laid off, due to which both my AOS application and H1 might be revoked by the company.
In such a scenario, we would like that my wife be able to continue to work on H1. So the question is whether it would be possible for her to move from pending-AOS status to H1.
-------------------one can have Pending AOS and H1 status
regards,

A

Need more info from you:
Your I-140 approved or not
Your I-485 is pending more than 180 days or not
Did YOU used EAD?
till what date is your H1 valid

 

[TheRealCanadian]

So the question is whether it would be possible for her to move from pending-AOS status to H1.

Once the H-1 is approved, she needs to leave the US, get a stamp and re-enter.

 

[ajnd80]

Need more info from you:
Your I-140 approved or not
Your I-485 is pending more than 180 days or not
Did YOU used EAD?
till what date is your H1 valid

My I-140 is approved.
My I-485 is pending for over 180 days.
I did not use my EAD. Only my wife used her EAD.
My H1 is valid till 2013.


Ankur

 

[manwithnoname]

How could your H-1B is valid till 2013? This is approved upto a period of 3 years max.