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Waiting for my EAD, currently on an expiring OPT, should I apply for H1 visa?

Discussion in 'College and University Faculty' started by frida, Jun 11, 2008.

  1. frida

    frida Junior Member

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    I am a new assistant professor and have started my job last summer. I have applied concurrently for I-140, I-485, I-765 and I-131 under EB-2. The receipt dates are April 24th, 2008 for my cases, all pending, and I did my biometrics on May 27th.

    Currently I am on OPT extension of my F-1 visa, which will expire soon on July 15th 2008. I was wondering what should I do when my OPT expires and have not got my EAD yet?

    Whether I should apply for H1-B in order to be able to work, and keep my status legal, or the fact that I have applied for permanent residency is sufficient to keep my status legal and allow me to work?

    Thank for any help and share of your experiences,
    Frida




     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Waiting for my EAD, currently on an expiring OPT, should I apply for H1 visa?

    SInce you filed for AOS while you were in status, you will remain lawfully present in the US while your AOS is pending. You do not need to do anything. Your EAD should arrive within 60 days of when you filed for it.
     
  3. bakarsu

    bakarsu Junior Member

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    Re: Waiting for my EAD, currently on an expiring OPT, should I apply for H1 visa?

    Hi Ron,

    Same situation with this person but with J-1 . Can I apply for green card and waiver at the same time? And if my AT expires Can I stay/work here during green card process?

    Thanks
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Waiting for my EAD, currently on an expiring OPT, should I apply for H1 visa?

    If you have a "no objection" letter, you may file everything at once. Otherwise, you need to get the waiver first.
     
  5. loco

    loco Junior Member

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    Re: Waiting for my EAD, currently on an expiring OPT, should I apply for H1 visa?

    My H1B visa was about to expire so I filed a I-539 to change my status to a B visa. I have not received any decision so far. I have since filed my AOS (I-485) employment based. My question is whether I need to cancel the I-539 request and leave the I-485? Does it make a difference? My H1B expired 2 weeks before the I-485 was filed. ​
     
  6. robert84

    robert84 Junior Member

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    Re: Waiting for my EAD, currently on an expiring OPT, should I apply for H1 visa?

    I like to.........
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  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Waiting for my EAD, currently on an expiring OPT, should I apply for H1 visa?

    Please don't hijack other people's threads.
     
  8. lrichardlawS

    lrichardlawS Junior Member

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    Whether I should apply for H1-B in order to be able to work, and keep my status legal, or the fact that I have applied for permanent residency is sufficient to keep my status legal and allow me to work?
     

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