Apply H1b when I485 pending?

Hi, my wife and I are in AOS (employment based) and I’m the principle applicant. My wife got an offer from a company, which can sponsor her H1b. I know practically she doesn’t need H1b because she can use the EAD. However, I’m facing a potential lay-off now, so we prefer she goes to apply her own H1b. I’ve talked to a lawyer regarding this, his answer is H1b is not barred by AOS. I’m just wondering whether someone did this (applying H1b in AOS stage) before and successfully obtain H1b? Thanks.

所有跟帖： 

• 按照正常H-1B程序申請 -六如- ♀ (0 bytes) () 04/13/2004 postreply 08:45:32

• 回複：按照正常H-1B程序申請 -question!?- ♀ (239 bytes) () 04/13/2004 postreply 11:26:14

• 485和OPT沒什麽關係。用了EAD就放棄非移民身份，不能 -六如- ♀ (9 bytes) () 04/13/2004 postreply 16:05:07

• 回複：485和OPT沒什麽關係。用了EAD就放棄非移民身份，不能 -question!?- ♀ (38 bytes) () 04/14/2004 postreply 12:58:00