I am a student now, but F1 will expire on August 2006. I have EAD based on my spouse's I-485 pending, so I can't apply for EAD 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.
Please help me understand if I can use EAD and how to change to H1 without leaving US, in case my spouse's 485 failed. Thanks a lot!
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.
Please help me understand if I can use EAD and how to change to H1 without leaving US, in case my spouse's 485 failed. Thanks a lot!