Pending I485 can file for H1?

H

honeyhappy

Registered Users (C)
My 485 is pending from last one year and I have not used EAD but has been using another nonimmigrant visa since 485 pending . I initialy came on J1 in the country. Now can I file for fresh H-1 with new employer or not. I was told by lawyer that once 140 approved and waiver is there. I can not go back and request for non immigrant status again?
Any suggestion folks?
Honey:confused:
 
My 485 is pending from last one year and I have not used EAD but has been using another nonimmigrant visa since 485 pending. I initially came on J1 in the country. Now can I file for fresh H-1 with new employer or not. I was told by lawyer that once 140 approved and waiver is there. I cannot go back and request for non-immigrant status again?
Any suggestion folks?

-------- What your lawyer says I don’t think it is true these days law was changed in 1999 one can have AOS pending and one can be on non-immigrant status at the same time:
Please read the link below:
http://www.shusterman.com/hl-99regs.html
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
 
O-1 is also Dual Intent Visa status (H, L O all are dual intent) H1 has limit of 6 years but O-1 can be extended in 1 year increments. One of my friends is in motion picture Television arts field on O-1 and he keeps on extending O-1 and few months back filed Direct I-140 and I-485 in EB1-1 (EA), after filing I-140 and I-485 he got O-1 extended
 
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