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e_xterrixx

Getting H1b stamp while on marriage-based AOS

By e_xterrixx in Work Visas

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e_xterrixx Apprentice

e_xterrixx   32

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Filed: Other Country: Nigeria
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Posted

Hello!

I am currently adjusting status from F1 to PR through marriage and I have my approved EAD and AP.

 

 I have an approved H1b through my employer and need to get a visa stamp in my passport. I am currently thinking of going to Canada to do that.

 

What are the implications of getting a non-immigrant visa while pending adjustment to immigrant status?

Mollie09 Proficient

Mollie09   1,543

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Filed: Citizen (apr) Country: Brazil
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Posted
9 minutes ago, e_xterrixx said:

Hello!

I am currently adjusting status from F1 to PR through marriage and I have my approved EAD and AP.

 

 I have an approved H1b through my employer and need to get a visa stamp in my passport. I am currently thinking of going to Canada to do that.

 

What are the implications of getting a non-immigrant visa while pending adjustment to immigrant status?

 

If you have an EAD, why would you get an H1B? You can just work.

e_xterrixx Apprentice

e_xterrixx   32

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Filed: Other Country: Nigeria
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Just now, Mollie09 said:

 

If you have an EAD, why would you get an H1B? You can just work.

Its a plan B.

Our initial I485 was denied once and I couldn't work for months. The 2nd application is taking too long and I don't want to be in a limbo once again.

 

 

Mollie09 Proficient

Mollie09   1,543

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Filed: Citizen (apr) Country: Brazil
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Posted
1 minute ago, e_xterrixx said:

Its a plan B.

Our initial I485 was denied once and I couldn't work for months. The 2nd application is taking too long and I don't want to be in a limbo once again.

 

 

 

Well, you don't have to have the stamp to use the H1B approved petition, if you don't need to leave the US and return. You could just work under H1B now and while your petition is valid. 

H1B is dual-intent so technically you could get the stamp with the immigrant petition pending.

e_xterrixx Apprentice

e_xterrixx   32

Posted
Filed: Other Country: Nigeria
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3 minutes ago, Mollie09 said:

 

Well, you don't have to have the stamp to use the H1B approved petition, if you don't need to leave the US and return. You could just work under H1B now and while your petition is valid. 

H1B is dual-intent so technically you could get the stamp with the immigrant petition pending.

Thanks a lot! That is very helpful.

 
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