Thursday, March 15, 2012

EAD to H-1B visa Scenario

Facts about this case:
Husband: Primary green card applicant.
Wife: Secondary green card applicant. Currently using EAD for work. Previously had H1 but did not renew for second time.
We are using advance parole to enter the country.
Current Status: 485 applied and pending.
Priority Date: Dec 2004, EB3 India
Question:Her employer is willing to sponsor her H1 visa.
1. Will there be any impact on my wife's 485 applications if she decides to move from EAD to H1-b visa.
2. Does she need to apply for a new H1 or can she renewal her old H1 which is expired by now.
I also heard that if an applicant changes their status: 1. He/She has to leave the country and get the new visa stamped and re-enter
2. Their existing Permanent residency application is considered abandoned

Advice Provided by Joseph Law Firm:
If she is in valid status with a pending I-485, she can file for a H-1B. She will be issued an I-94 card that is good for up to three years. She will only need to get an H-1B visa if she leaves the country. The regulations allow an H-1B holder to travel while a 485 is pending and reenter on the H-1B. You should consult with an immigration attorney before filing this to make sure that all of the relevant factors have been considered.

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