Immigration Site

I am currently on a student visa and have applied for my H1 B in the quota.I have been informed by my employer that my application has been selected in the quota.

Mean while my husband has got his EAD through the employment based green card, and I am eligible to be added to his GC process.

Questions:

1. If my student status gets over in may and my H1b starts in oct 2007 and I have applied for my I-485, can I continue to stay in the US.

2. Can I still apply for AOS I-485 and be eligible for the EAD card.

Please do respond, that should be keeping my H1 B and applying for AOS or should I be going for consular processing.

or should I give up my H1 B and then just apply for H4 and AOS.

Thanks in advance.

Tina

1. If my student status gets over in may and my H1b starts in oct 2007 and I have applied for my I-485, can I continue to stay in the US. as long as you file I-485 BEFORE your F-1 status expires

2. Can I still apply for AOS I-485 and be eligible for the EAD card. yes, you can. However, if I were you, Id apply for AOS, but not get AOS EAD or AP, and just wait for your H1 status. This way, if something happens to your hubbys GC, you can fall on your own H1.

Please do respond, that should be keeping my H1 B and applying for AOS or should I be going for consular processing. keep your H1 and have your AOS running concurrently. Work on your H1 for your H1 employer.

Your H-1B process and your derivative GC (because of your husband) can go in parallel. As soon as you have a pending I-485, you are "in status". Also, a pending I-485 will make you eligible to apply for an EAD.

I was just thinking how she would change her status from AOS to H1 when time comes.... She will no longer be in F-1.