Switch from EAD (I-485 pending) to H1B

[Joy_prince_sr]

1. I am a F-1 student since I entered USA and always keep legal F-1 status

2. My wife applied green card and I-140 approved, I-485 pending. As spouse, I applied EAD and renewed for one time but never used.

3. Now I will graduate, and I got an offer and the employer sponsored H-1B application on my behalf. But the H-1b will be effective probably on October. And I need to start the job on July.

4.I applied OPT (C3 category EAD) and got approved, but the EAD card I receieved appears to be the renewal of my I-485-related EAD (C9 category).

Can I use this EAD to start work and then switch to H1B after I get it without going to the 3rd country for a visa stamp? If I mail this EAD back to the immigration office asking for correction, will I get the EAD with OPT class (C3 category)? Or I will be denied for OPT type EAD?



Thanks for any information.

 

[sisukapalli]

I am not a lawyer but I believe that once you apply for I-485, your F1 status extenstions (and related EADs) cannot be obtained any longer. Since your I-485 is in process and you have an EAD, is there a reason for not using that?

In the worst case of denial of your 485, you may still have an option of getting a new H1B.

S