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?
問了單位負責人,告訴我不能用OPT延期因為單位不屬於E-VERIFY的PROGRAM, 建議我使用EAD。並說
“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期間用485 BASED EAD(現在是F1/OPT),是不是會必然導致需要離境簽H1B?
再貼一次,請教小白兔皮匠等關於用EAD fill H1B 和OPT 的GAP
所有跟帖:
• 通常移民局不一定注意到,如果注意到了你已經用EAD,是要出境簽證 -xiaobaitu- ♀ (0 bytes) () 05/12/2008 postreply 17:45:57
• 多謝XBT!移民局如何知道我是否用了EAD? 通過I-9? -Newbi1- ♂ (0 bytes) () 05/12/2008 postreply 17:54:18
• I-9一般放在雇主手裏,除非移民局要調查才會向雇主要,另外你的 -xiaobaitu- ♀ (67 bytes) () 05/12/2008 postreply 18:09:56
• 審批到H1B時,OPT估計過期一個月左右,是不是 -Newbi1- ♂ (33 bytes) () 05/12/2008 postreply 18:28:44