What's my current status?

mimihu

Registered Users (C)
My case may seem a little bit confusing and complicated:

From April 2003 to December 2004, worked in university A with H1b status(no stamp in passport), and the univ. applied for my GC.

In July 2004, reentered the U.S. with advance parole, and then continued to work in Univ. A with H1b. (I had EAD but did NOT use it by filling a new I-9).

In Sep 2004, got an offer from University B. The university lawyer filed a new H1b petition for me.

In Jan 2005, joined university B. Used EAD to work because the new H1b was still pending.

In March 2005, got RFE(paystubs in Univ. A) for H1b, responded to RFE and H1b was approved.

What's my current status? AOS or H1? Have I been in legal status all of time? I am very concerned with it since my I-485 is still pending.

Thank you for any advice!
 
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mimihu said:
My case may seem a little bit confusing and complicated:

From April 2003 to December 2004, worked in university A with H1b status(no stamp in passport), and the univ. applied for my GC.

In July 2004, reentered the U.S. with advance parole, and then continued to work in Univ. A with H1b. (I had EAD but did NOT use it by filling a new I-9).
----- you were on H1 status, use of AP does not invalidate H1 if you are working with same employer who filed your latest H1
In Sep 2004, got an offer from University B. The university lawyer filed a new H1b petition for me.

In Jan 2005, joined university B. Used EAD to work because the new H1b was still pending.

In March 2005, got RFE(paystubs in Univ. A) for H1b, responded to RFE and H1b was approved.

What's my current status? AOS or H1?
----- I am not expert as you used EAD I think you are on pending AOS status, but if you go out and enter with H1B visa then again you can be on H1 status
Have I been in legal status all of time?
--yes
I am very concerned with it since my I-485 is still pending.

Thank you for any advice!
 
sangjodi said:
Whats happend in below situation -
Once entered US on AP, and continue to stay on the H1B employer. After sometime what to change employer without using EAD. Will the status be still H1B. Does transfer H1B with new employer will be approved.

If you are working on H1, I don't see any issue for H1 transfer or its approval. Usage of AP is not a factor for immigration status.
 
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