Immigration Issues/I 485 / OPT/H1B

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Question
Hello,

I am a Master's student who changed from H4 to F1 for Spring 2012. My husband is about to file I-485 with EAD/AP(I would be included in the application) in a month or so. I had a job interview with company A a few days back and had certain questions.

1) With my I 485 pending, what would be my visa staus in USA?

2) Can I apply for OPT with a pending I485/pending I485 but issued EAD(from AOS)?

3) Can company A file for my H1B with a pending I485?

4) By approximately how many days can I expect to obtain the EAD (due to AOS)after the I 485 filing.(My husband's priority date is May 2010)?

5) Is there any disadvantage if I start working with EAD(due to AOS) instead of applying for OPT and later H1(if they are permissible).

Thanks a lot.

Regards,
Riya

Answer
Hi,

You can remain legally in the U.S. based solely on I-485 filing, and be issued EAD as well as advance parole document to allow you to work and travel freely while adjustment of status is pending. However, you can still maintain underlying nonimmigrant visa status such as F1 visa status if you prefer until I-485 is approved as long as you continue being a full-time student, as well as applying for OPT when eligible to do so.

You can apply for EAD based on I-485 filing, and apply for OPT later. EAD is typically issued between 2 to 3 months after filing. Check with the DSO (also known as international student advisor) at your university for applying for OPT on a timely basis if you wish to continue maintaining your F1 status.

Co. C can file an H1B petition for you (even after your I-485 has been filed) if you are maintaining F1 status at the time that Co. A files an H1B petition for you. You will discontinue being in F1 status if you do not file for OPT on a timely basis--check with the DSO for details.  

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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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