please help with the 485 and H1 issue

waiting2004

Registered Users (C)
my 140 NIW was just approved. Now I'm a last year PhD student and will graduate this August. Could I still apply for H1 visa after I submit my 485 application? I feel it is not safe to use EAD.
Thanks for your recommendations
 
waiting2004 said:
my 140 NIW was just approved. Now I'm a last year PhD student and will graduate this August. Could I still apply for H1 visa after I submit my 485 application? I feel it is not safe to use EAD.
Thanks for your recommendations

I do not know if NIW will make it any different, but you can apply for and keep extending your H1, even after applying for 485.
 
thanks and one more q

thank you guys. I have one more q. Should I let me school know my stutus of green card application?
 
raju99 said:
You can apply now but after filing 485 u cannot...

Don't understand, why cannot one apply for H1 after applying 485?

485 and H1 are different, you can continue to be on H1 till you 485 is approved.

H1 is supposed to be safer in the sense that if your 485 gets denied then you have a fall back option when you are using H1, but if you are using EAD then if your 485 get denied then your EAD becomes invalid.
 
raju99 said:
You can apply now but after filing 485 u cannot...
Please don't spread wrong information across the forum. Your suggestion may devastate the life of the poor guy. Until you activate your EAD you can be on H1. But once you activate your EAD you will only have 'adjustment applicant' status. However, even after activating EAD you can still go back to H1 provided that your 485 is still pending. For that you need to do COS (change of status) that will change your status from EAD to H1. Now you are on H1 and your old 485 will be processed as before.
 
h4 to ead to H1B

I was on H4 and went on EAD. Now i got my own H1B approval done. can i go on H1 status, will thsi affect my 485 processing also what is the procedure of going on H1B from EAD.
 
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