| Q. |
AOS TO H1 weird case
i was tourist visa.. then out of status.. then AOS.. then H1.. ??
i had tourist visa expired feb 22..
company A sponsored my GC filed i140/i-485/ead by apr.. company also sponsored my H visa..
my H just got approved with new i-94 !!!!
is it safe to assume that by oct 1, 2008 i am H1 status from AOS ?
i am expecting EAD by august, if i use it, will it invalidate my H1 i-94 ?
this is confusing because normally they will just approve my H1 but consular processing not give me new i-94..
of course i like it that I am on H status while my GC is pending.. but i need to know my "real" status
User's Location:
houston, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
They do sound like strange facts.
First if you received an approved H-1B with a change of status request (I-94 attached to the approval notice), I assume the H-1B was filed prior to your visitor expiration on Feb. 22? Have you held H-1B status before or did you apply through an H-1B cap exempt employer? When is the starting validity date of the H-1B approval?
If your prior visitor status expired and the company then filed I-140/485 paperwork, your I-485 should not be accepted and processed if you were out of status at the time of filing. You may not obtain an EAD and your I-485 may be rejecetd if it was filed at a time when you were an overstay and did not have status to be in the U.S.
How did the company file I-140/485 for your you? Off of approved labor certification? Do you qualify under EB category that allowed you to skip labor certification?
In general, the approval of an EAD does not invalidate an H-1B approval.
If your change of status request to H-1B was approved and you were provided an I-94 at bottom of approval notice, your H-1B time should start with valdity start date on H-1B approval notice. In general an approved EAD does not invalidate an approved H-1B.
Regards, |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
i was B2 visa.. (aug 22 to feb 22)
then out of status (feb 23 to may 27)..
then i-485 pendiing AOS EB2.. (may 28 to present)
then H1.. ??
245k rule lets you apply for i-485 even if you are out of status.. as long
as it is less than 180 days.. =)
right now i dont have valid non immigrant status..
only AOS i-485 pending status..
my question to is, am i h1 status on oct 1, 2008..
if so, it means i was able to do COS from AOS status pending..
and not from an a non immigrant status.. |
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| A. |
Gotcha. Did not realize you were relying on 245(k) and less than 180 days.
It sounds like your H-1B was part of cap filings and is valid starting October 1, 2008.
That H-1B becomes valid and active on October 1, 2008 and does not conflict with any AOS filing. they both may happen at the same time w/o negating each other.
I do not belive you could have accomplished COS based on being an AOS applicant. Your COS must have been from B-2 status. In any event, H-1B kicks in October 1.
Regards, |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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