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Immigration Issues/F1-OPT and H1B and I-485

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Question
Hi,
I have questions regarding the change of visa status and abandoning of I-485 petition.
1. I filed my I-485 during my F1-OPT then my F1-OPT is expired so I have to switch to H1-B status. Will it affect my I-485 petition?
2. Since I am in H1-B status and waiting for I-485 to be approved and I plan to travel back to my home country, Can I get my H1-B visa stamp at US embassy in my home country before i come back to USA?
3. Will this H1-B visa stamp will affect my I-485 application?

Thank you

Atsawa

Answer
Hi,

The filing of I-485 will allow you to apply for EAD (employment authorization document) to allow you to work if your F1 OPT has expired.

However, it is possible to maintain nonimmigrant H1B visa status while I-485 is pending. Since H visa status allows for intention to immigrate to the U.S., it is also OK if you travel abroad and obtain an H1B visa stamp from a U.S. Consulate. Any of these actions will not negatively affect the pending I-485.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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