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AOS then H1b?

Redmond, WA |


My husband's Co. has filed for our GC.
I am on H1b just now with I485 and EAD pending, it's been 50 days its pending. I have following questions:
1. If I leave my current job, my h1b will expire, correct?
2. I will fall on AOS automatically, correct? Or do I need to do anything?
3. Can I, while in AOS, say after a week get a new job and new H1b? Would it be H1b transfer or new H1b?
4. For #3, do I fall under quota or have to wait till oct 2014 to start working?

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Attorney answers 4


5. What does the immigration visa attorney state to the above list? Thank you.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602


1) Yes. Failing to work under your H-1B terms will make you in violation of your H-1B status.
2) You will still be in a "period of authorized stay" because of the pending AOS.
3) In order to transfer to a new H-1B employer, you must file while still in H-1B status. USCIS will sometimes excuse a very minimal lapse, but this gets risky.
4) If you've got less than 6 years in H-1B it will most likely be cap-exempt and wouldn't need to wait until next October.

This is general advice, but you would want to speak to your employer's attorney or another one for specific information about your situation.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.


It is safer to remain in H-1B status until your green card has been issued. Please see

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


You would be cap exempt if you find a new H1B employer, try to file the new H1B while you are still working for current H1B employer. In an ideal world you keep H1B status until AOS is approved.

I am a lawyer but I am not your lawyer unless we have spoken and we have entered into an attorney-client relationship. Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.

Maria J. Marty

Maria J. Marty


and yes you can be in AOS status if H1B is no longer valid.

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