Hi, I have applied for Adjustment of status through my spouse and I got the EAD. I m working with that EAD after my H1b expired on October 2014. Now I got a job offer from another company but the employer wants to file H1b as a backup if the i 485 is denied, then I am still be able to work for them. Can I continue to work on the EAD and keep H1b as a backup or EAD will be my backup. Do i have to go out of US and get a visa stamp as I dont have a legal status now.
Now that you've let your H-1B expire and applied for adjustment of status and started working with the AOS EAD it is too late to file another H-1B. That is simply not possible any longer.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You cannot change status from expired status, if that is what your quesiton was about.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
I agree with my colleagues -- it is too late to obtain another H-1b. If you and your spouse have not consulted with an immigration lawyer about your pending adjustment of status, perhaps you should do so to prepare for the interview and help insure it continues to go smoothly. Best of luck!
Colorado 303.442.8554/New Mexico 505.819.3303/ Ms DeSeguinâ€™s statement is general in nature, is not intended as legal advice, and should not be relied on as Ms DeSeguin does not have knowledge of all the relevant and necessary facts. The statement above does not create an attorney/client relationship.
The new employer can file an H-1B petition, but it will have to request consular processing because you are no longer in H-1B status. That means that you will continue working on the EAD until you leave the country, apply for a new H-1B visa stamp based on the new approval, and return to the US in H-1B status.
Because you are now no longer in valid non-immigrant status, you cannot change your status back to H1B. I highly recommend that you speak to a qualified attorney who can fully assess your goals and situation, and determine with you the best course of action. An analysis of the strength of your pending adjustment of status application would help you to decide what to do.
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