Can my employer file H1B while my marraige-based adjustment of staus is pending?

[e_xterrixx 32]

Hi,

I have a pending I485/I130/I765 application but my employer wants to file an H1B on my behalf. How does this affect what I currently have in the system, if at all? Our I485 and I130 were both filed in 2016, we have gone for 1st interview and currently waiting for the 2nd interview. Our attorney said the H1B is a completely different process but I wanted to seek opinion from people who may have gone through these processes or have experience with how one process may affect the other.

 

Thanks.

[Roel 7,193]

In my opinion it's a waste of time and money. You're very close to receive your green card and you can work whatever you want. H1B will tie you to one employer and it's really pointless to have a work visa when you're about to receive a green card... 

[Crazy Cat 42,564]

I'm no expert, but I see no reason to seek a work visa.

[Dashinka 24,899]

I agree.  Why waste time with the H1B.

[bravagreen 36]

I agree with Roel that you don't need work visa. when you have your green card you will be exposed to many opportunities to chose from than to tie yourself to one employer with a working visa.

[arken 4,197]

If your i485/i130 were filed in 2016, didn’t you file i765 with those? You would have EAD in your hand.

you can still go for H1b but even if you are selected and approved, you can start working for the company from Oct 1.  If your EAD is pending for few month, you are probably close to receiving it which would let work for anyone.

 

[Coco8 1,042]

Your employer has a very limited window to apply for H1B. The deadline for H1B is April 2 (I'm assuming it is a company and an NGO/university).

 

I'd say you have the employer apply for the H1B. After the application there is a lottery so it will take a while to know if you are selected or not.

 

22 minutes ago, Roel said:

In my opinion it's a waste of time and money.

The employer pays for the H1B so it is not your own money. 

 

18 minutes ago, missileman said:

I'm no expert, but I see no reason to seek a work visa.

 

11 minutes ago, bravagreen said:

I agree with Roel that you don't need work visa. when you have your green card you will be exposed to many opportunities to chose from than to tie yourself to one employer with a working visa.

This assumed you will get the spousal visa. Nigeria is a hard country to get those types of visa and you have some chance at a H1B. This could be your plan B. Plus, why are you getting a second consulate interview for your spousal visa? Was your spousal visa denied at some point?

 

11 minutes ago, Bill & Katya said:

I agree.  Why waste time with the H1B.

It does not take any time. The employer has people do the visa. I had an H1B and it took me like an hour or two to send all the information they needed.

[ssaket 28]

I relinquished my H1B when I got EAD approved. This is going in the reverse direction. Also, H1B is a lottery based and there is no guarantee that you would get that. Having said that there is no harm applying for one. It would just be a waste of money and effort

[Coco8 1,042]

I'm sorry, my comment above assumed you are getting a spousal visa at your consulate in Nigeria. I had checked your timeline. Are you in the US doing AOS? If you are in the US then it makes no sense to do an H1B at this point.

Edited March 15, 2018 by Coco8

[Sunnyland 639]

OP, are you in US right now? Do you have your EAD in hand? 

[e_xterrixx 32]

Thanks for all your responses. To answer most of your question:

1. I agree that this is a waste of money and possibly slot for someone who might actually need it most. However, I am not paying anything out of pocket and they said to file it as an option B.
2. Speaking of option B, my initial AOS was denied and we had to file again. This caused me to quit my job and stay out of work for almost a year. my employer (same employer) does not want any break in employment for me, which I am grateful for.
3. I have a renewal EAD under the AOS pending. So, yes I do have an EAD which allows me to work for any employer (not that I am lookign to switch employers anyway)

I agree that it is a useless process but I cannot refuse an offer like that. My question or concern is how this affects my current AOS or if it does affect it at all!

[Roel 7,193]

If you have ead then it's really pointless to try for work visa... You can already work! Why do you need a work visa Then? Just go to that employer and tell them they don't need to waste money on your visa because you're already eligible for work. They can hire you based on your ead.  

[azblk 338]

21 hours ago, e_xterrixx said:

Thanks for all your responses. To answer most of your question:

1. I agree that this is a waste of money and possibly slot for someone who might actually need it most. However, I am not paying anything out of pocket and they said to file it as an option B.
2. Speaking of option B, my initial AOS was denied and we had to file again. This caused me to quit my job and stay out of work for almost a year. my employer (same employer) does not want any break in employment for me, which I am grateful for.
3. I have a renewal EAD under the AOS pending. So, yes I do have an EAD which allows me to work for any employer (not that I am lookign to switch employers anyway)

I agree that it is a useless process but I cannot refuse an offer like that. My question or concern is how this affects my current AOS or if it does affect it at all!

Seems like your mind is already made up to proceed with this path so it will not affect your AOS in anyway. If you dont  mind sharing why was your initial AOS denied? Why is taking very long for your current one? Are you in a valid immigration status?

[e_xterrixx 32]

2 hours ago, azblk said:

Seems like your mind is already made up to proceed with this path so it will not affect your AOS in anyway. If you dont  mind sharing why was your initial AOS denied? Why is taking very long for your current one? Are you in a valid immigration status?

I was on an F1 visa which was still valid at the time of filing the initial AOS.

 

The initial AOS was denied because my husband could not attend the inteview (lenghty detaials) and the officer, at the time could not reschedule because we were not sure when he would b able to attend.

 

I cannot answer the question of why it is taking long for the current AOS to be adjudicated, essentially that is our dilenma! We attended the 2nd AOS interview and did not receive a decision. During an infopass appointment they told us that they were waiting schedule us for a 2nd interview and we are patiently waiting for that. It's been 175 days since that interview!

[azblk 338]

19 minutes ago, e_xterrixx said:

I was on an F1 visa which was still valid at the time of filing the initial AOS.

 

The initial AOS was denied because my husband could not attend the inteview (lenghty detaials) and the officer, at the time could not reschedule because we were not sure when he would b able to attend.

 

I cannot answer the question of why it is taking long for the current AOS to be adjudicated, essentially that is our dilenma! We attended the 2nd AOS interview and did not receive a decision. During an infopass appointment they told us that they were waiting schedule us for a 2nd interview and we are patiently waiting for that. It's been 175 days since that interview!

So you are no longer in F-1 status but AOS pending? If that is the case I dont think you qualify for H-1B.

Edited March 16, 2018 by azblk