Dude_20082008-05-13 01:34:58
I am working for a university with OPT now. I recently received the EAD based on my spouse's pending (unapproved) 140/485. My university filed H1b for me but most likely there will be a gap after my OPT expires and before the H1b is approved. I understand we can use premium processing for H1b to avoid the gap, but my employer is not willing to pay for it. My question is that can I use my 485 based EAD for the gap and then switch it to the H1b after it is approved? Will there be any impact to my 485? Or what should I do at that time to keep both my 485 and H1b valid?

问了单位负责人,告诉我不能用OPT延期因为单位不属于E-VERIFY的PROGRAM, 建议我使用EAD。并说
“As long as your H-1B is approved as a change of status, this will grant
you the underlying H-1B from the time of approval. No action will
need to be taken to change your status to H-1B, you will have both AOS and
H-1B at the same time. If they do not approve the H-1B as a change of
status, you would need to leave the U.S., apply for the H-1B visa
stamp and reenter in order to gain H-1B status. If they determine that you
did not maintain F-1 status or if you traveled outside the U.S. while
your H-1B is pending, they may not approve the change of status.”

我如果在H1B PENDING期间用485 BASED EAD(现在是F1/OPT),是不是会必然导致需要离境签H1B?
xiaobaitu2008-05-13 01:45:57
通常移民局不一定注意到,如果注意到了你已经用EAD,是要出境签证
Newbi12008-05-13 01:54:18
多谢XBT!移民局如何知道我是否用了EAD? 通过I-9?
xiaobaitu2008-05-13 02:09:56
I-9一般放在雇主手里,除非移民局要调查才会向雇主要,另外你的
Newbi12008-05-13 02:28:44
审批到H1B时,OPT估计过期一个月左右,是不是