| 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 April.. company A 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 new H1 i-94 even if i work for same employer?
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. |
You said that you received a new I-94, but when is the starting validity date? This could be an issue for your AOS eligiblity if there was any gap (it will be a big issue if the gap is longer than 180 days). It is NOT safe to assume anything; you must know for sure. If you are working for your H-1B sponsor, you should continue to work on the H-1B and not the EAD, if you wish to maintain H-1B status; there may be good reason to continue to use the H-1B as long as your H-1B and green card sponsor as the same entity. |
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Maurice C. Inman, Jr.
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.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. |
there is a gap..
h1 validity oct 1, 2008...
b2 expired i-94 feb 22, 2008.. extension denial notice apr 23, 2008
if we count for i-94 expiration more than 180 days..
but if we count from extension denial notice, less than 180 days.. so AOS is safe..
also COS was approved so they counted it from denial notice..
otherwise, would be h1 consular not new i-94..
what do you think?
thanks, |
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| A. |
I think that it appears you were very lucky. I don't think there is anything else that you can or should be doing at this point. |
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Maurice C. Inman, Jr.
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.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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