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F-1 to H1-B after filing of 140/485, please help! (Immigration Law)

Tue, 08 Jul 2003 20:15:00 GMT

Your wife's F-1 status (and also her OPT EAD) actually ended the day you
filed the I-485 on her behalf. Her current status is "AOS pending". Only
H-1B, L-1 and a few others are allowed concurrently with AOS pending, but
most non-immigrant categories are mutually exclusive with AOS.

I think it is best for her to use the EAD that you applied for with the
I-765. It is probably also possible for her to apply for an H-1B, but I
don't really see much of an advantage (and possibly some drawbacks).

On Tue, 08 Jul 2003 15:15:00 -0400, Jeff wrote:
Dear all, please look at my case below and help me, thanks. My wife is a student, F-1 status, she just graduated and applied for OPT. Recently she got her OPT EAD card. At the help of my employer, I filed 140/485/765 on her behalf and we received all the receipts for those applications. Now she just finished a job interview, and got the job. My question is: is she still able to apply for H1-B , after filing 140/485/765? Her current status is F-1.

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