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Re: Pending green card (I-485) interview and H-1B pettition Posted on: Wed, 11 May 2005 02:40:27 +0000 (UTC)

Jozef wrote:
> The laywers are correct. An H-1B allows immigration intent, so filing
one
> should not endanger your AoS.

Thanks Jozef. I know that there is no problem if I was on H-1B
already, and then apply for AoS, but this looks weird to me: applying
for both at the same time.

> However, since you have a pending I-485, you also have the option to
apply
> for an EAD. But that may take up to 90 days (at which point you can
apply
> for an interim EAD if your application still hasn't been approved),
so if
> you have a master's degree an H-1B is a lot faster to get. Otherwise
your
> start date can't be earlier than Oct. 1 and then an EAD is the faster
route.

I already have OPT card (EAD) and I did apply for the new one. I can
start working but was advised to stay in the city in order to avoid
moving my case from one USCIS office to another and have papers lost in
the meantime (DV-2005 lottery AoS ends in September, so time is an
issue).

> Why are you worried your AoS may not be approved?

I don't know the rules, and I am concerned that applying for H-1B at
the same time with AoS pending is going to make AoS void. On USCIS
site I could not find any rule explaining what to do in this
situation...

Thanks!
Milan