In theory, you may but ....

來源: lawsail2004 2008-05-16 20:20:03 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (926 bytes)
Once you use EAD to work, you will be in AOS. You will lose your nonimmigrant status F-1. I assume that your pending H-1B application is change of status application, from F-1 to H-1B. In general, if at the time of adjudication an alien is not in a valid nonimmigrant status, the application shall be denied.

There may be three options:

1) You may apply for H-1B visa (consular processing). Once you come back on H-1B visa, you can work. But at the same time, you may lose your AOS.

2) You may stay here without working pending your H-1B. On top of my mind, there is a USCIS memo which allows F-1 following OPT expiration to stay in U.S. while the H-1B application is pending. I believe this is an not a settled issue, which is risky.

3) Abandoning H-1B. Once you use EAD, you are in AOS status. There is some risk but as long as your hu*****and's AOS has merits you may not worry too much.
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