A good question in a contraversial area.

Leaving and coming back is the most straight forward way and safest way to handle the issue. However, if you do not want leave. Try to appeal the decision first and then file 539 to turn your status back. I personally think that you do not need to do a thing and can stay until the end of your I-94. Consulting with an experienced lawyer before taking action.

A brief history in this issue may help you under the controversy about the issue.

CIS' official stance on this question is not clear right now. An INS memo back in 97 allowed dual status of AOS and H1 after using AP. A 2001 memo reversed such policy. A month later another memo canceled the previous memo. However, in the final memo, INS 含糊其詞 on this matter on purpose. In the final memo, H holder is allowed to work and extend within the US after using AP. I know that H1 transfer is OK as well. However, INS failed to address the status after 485 is denied. I personally believe that you do not need to do a thing. However, you need to consult with an expericenced lawyer if you want to stay.

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• Thank you very much -gly123- ♀ (0 bytes) () 08/07/2006 postreply 11:26:03