What is the legal Status during I485

H

hassoon

Registered Users (C)
Hi Guys,

Lots of immigration forms ask about the "Current Status", these forms like the address change and the I-129. I have my I-485 pending, I don't have H-1 or any other status.

Q1: SO, what should I fell in these forms?


Q2: I have found a job and I am working using my EAD. now I want to apply for H-1, I think that it is new application that should be subject to the quote, I was on H1 before, but my current status is not H1. In filing the H1 application, there is a question of what action I am requesting and the options are:
1-extend of stay under h1
2-extend of stay by changing status to h1
3-issue a visa so I can enter the country

Which option is valid for me?

Thanks so much
 
Lots of immigration forms ask about the "Current Status", these forms like the address change and the I-129. I have my I-485 pending, I don't have H-1 or any other status.

Q1: SO, what should I fell in these forms?

----------- Adjustment of status pending or AOS pending
Q2: I have found a job and I am working using my EAD. Now I want to apply for H-1, I think that it is new application that should be subject to the quote, I was on H1 before, but my current status is not H1. In filing the H1 application, there is a question of what action I am requesting and the options are:
1-extend of stay under h1
2-extend of stay by changing status to h1
3-issue a visa so I can enter the country

Which option is valid for me?
----- Basis of classification according to form I-129 part 2 will be: NEW employment
*** as you are working on EAD you can work on EAD can apply for AP to reenter. With NEW H1 approval you have to go out of US then get H1 visa stamp and enter on H1 status as back up keep the valid AP with you
 
Do I have to go outside and come back

Thanks so much,
DO I have to go outside the country upon the new H1 approval. I already have AP, can I just use AP and not get H1 visa stamp if I want to leave and come back?
 
DO I have to go outside the country upon the new H1 approval?

----- YES, get H1 stamp then get new I-94 with H1B status
I already have AP, can I just use AP and not get H1 visa stamp if I want to leave and come back?
----- You are NOT on H1 status by using AP you will not be on H1 status if want to be on H1 status get H1 visa stamp and enter on H1
 
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