Urgent GC Issue

[tina1979]

My am student on F1 and my status expires in may. I will be applying I-485 with my husband. He has received his EAD, but he is not using that for employment. He is using his H1 B status.

Thus there is a 4 month period where I am out of status before my own H1 B starts in Oct. Since I will be having a pending I-485 application, I shall be allowed to stay in the US.

 

[LucyMO]

I would personally go with F-1-->H-4-->H-1B-->AOS.

I'd just file the AOS, and not worry about the H-4/H-1. At a later date you can re-enter the US with the H-1 if you prefer.

I like both of these. However, the second one might be risky if her employer no longer wants her.

Here is another one:

F-1 -- another F-1 till October ---- H1B ---- AOS. Many kids do that.

Did you use your OPT yet?

even if you did, if you time it right, you won't have to go to school in the summer.