Does marriage based AOS denial affect potential H1B application?

[Katherine93 30]

Not sure if I should post here or under the AOS section. But anyway, let me start off with an introduction of my background.

I'm currently on the F1 visa, and could be in status until 2018 (graduating in 2017 + 1 year OPT) if I don't file AOS. My husband is a US citizen and we got married earlier this year. We are planning to file my green card application next year around this time. I'm getting really paranoid over all the possibilities of getting a delay/denial for my AOS. I have a great job offer that I can't afford to lose which requires valid work authorization once I graduate. The company is willing to sponsor. I've done extensive research on this topic but only seemed to find inconsistent answers from both internet and attorneys. I would like some advice from someone who has had same or similar REAL experience before - if for any reason your AOS is denied, does it affect your future H1B applications? Thank you!

[Katherine93 30]

Not sure if I should post here or under the AOS section. But anyway, let me start off with an introduction of my background.

I'm currently on the F1 visa, and could be in status until 2018 (graduating in 2017 + 1 year OPT) if I don't file AOS. My husband is a US citizen and we got married earlier this year. We are planning to file my green card application next year around this time. I'm getting really paranoid over all the possibilities of getting a delay/denial for my AOS. I have a great job offer that I can't afford to lose which requires valid work authorization once I graduate. The company is willing to sponsor. I've done extensive research on this topic but only seemed to find inconsistent answers from both internet and attorneys. I would like some advice from someone who has had same or similar REAL experience before - if for any reason your AOS is denied, does it affect your future H1B applications? Thank you!

Sorry, just realized that I should also ask - if my AOS is pending, can I still apply for H1B and get approved?

[Boiler 45,467]

IS the H1b for a non profit?

[Katherine93 30]

IS the H1b for a non profit?

No it's not. It will be subject to the Cap. i'm just wondering what would happen if AOS gets denied or delayed. Would I still be able to get H1B (despite the cap) after I apply for AOS?

[Boiler 45,467]

Applying for AOS will get you EAD.

I guess it depends on why you are refused adjustment, what are your issues?

[Katherine93 30]

Applying for AOS will get you EAD.

I guess it depends on why you are refused adjustment, what are your issues?

Well my husband has a misdemeanor conviction from when he was younger. The conviction itself is very minor but the arrest was a more serious charge that falls under Adam Walsh Act. I have consulted attorneys and the conclusion is that most likely he will not be flagged during the background check. But there is always a small chance that something might come up. In the mean time the company is willing to sponsor my H1B once I graduate from my master's which is in 2017. I just honestly don't want to wait that long and would rather take the chance to file AOS and get in-state tuition and unrestricted employment authorization. That's why I'm wondering if the worst scenario happens (say my AOS got delayed for an unreasonable amount of time or got denied evetually), would I still have a back up plan which is to file H1B?