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Posted on 15 Jun 2010
Q.

Applying H1b while working on EAD (Old H1b was expired-Mar,2009)

Dear Attorney,
I applied for 485, got an EAD and joined a new company using my EAD. My current status is AOS, as I travelled using AP.
My new employer is applying H1b for me,bcoz my wife who is on H1 need to stop working and come on H4.
My attorney told me - As I am on AOS and have no valid H1b - once my new H1b is approved, I I have to get my H1b visa stamping done in my home country, and reenter USA using H1b, so that my status will change to H1b from AOS.
Q - Is this true? Do I have any other options ?

My attorney also told me that because I am currently on AOS, if I reenter using H1b while 485 was pending, there is a high chance that my 485 gets canceled.
Q - Is this true?

I want to change my status to H1b with out hurting my 485.

Appreciate your suggestions.
thankyou

User's Location: SFO, California, United States of America
Category: Employment-based Green Card
Posted on 16 Jun 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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