| Q. |
EAD AOS to H1
Can ,i at any point of time, switch from my AOS(adjustment of status) based EAD which i am using currently to a new H1(if approved) if i anticipate my AOS application may be denied for any reason.The operating question is "is EAD to h1b possible?"
While answering,can you give the reference of statute or proceeding that corroborates your answer.
User's Location:
california, California, United States of America
Category:
Employment-based Green Card
|
| A. |
Dear NSINHA:
The short answer is that such a change may be possible; the relevant regulations are found in 8 CFR (see section 214 for H-1B and section 245 for adjustment). The part about "any point in time" might be tricky since an application to change to H _after_ denial of your adjustment would not work. There is also a question about whether you are now paroled into the US (fact not included in your question) since "parole" is technically not admission to the US. Also, you would not be able to change to H if you have already reached the six year H maximum (unless an exception could be found).
Best,
Philip Boyle |
| |
Philip Boyle
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.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.
|
