what is my status now? PretorianXI please answer

[Moiz]

Hi,

my story is like this:

I came to US on a H1B visa. i married a US citizen girl back home in india in july. i filed my papers some days ago and am waiting for my reciepts. i wanted to know the following things:

1. Since i married a US citizen girl and filed for my adjustment of status and other stuff, i wanted to know whether my status now is H1 B or is it adjustment of status? Am i legal in USA at this time???

2. DO i need to report to my employer or should wait for my EAD to join another job? Am i binded to my sponsor??

BAsically the question is Am i out of H1 B status? if i am then is my status legal in USA at this time.

PraetorianXI i apprecate ur help.

Max.

[waitin_toolong]

if you are still working for H1 employer and fulfilling its terms the H1 is still valid, you are allowed to have H1 and AOS at the same time

[Moiz]

what if i am not working for my employer?

Hi,

Thanks for the reply but please let me know what if i am not working for that employer? what if i am waiting for my EAD so that i can wor anywhere else.
i am anyways married to a citizen. i think that AOS keeps me in legal status without me working for my emplyer. Am i right?

Max.

[waitin_toolong]

AOS keeps you in status till a decision is made.

If your AOS is family based then you dont have to work at all.
But if employment based then you need to ba able to show that the job is still open upon approval.

if you work using EAD make sure you have approved AP on hand for travel.

[Moiz]

Why Advance parole?

Hey there,

Yeah my AOS is family based. Well i think that if i have a unexpired visa stamping and my AOS is under consideration then i dont need an AP. i can travel on the visa and re enter US. this is wat the instructions on AP form says. that s why i have not applied for AP. any inputs on this? shuld i still send my AP form so that i can get an AP as well.

max.

[PraetorianXI]

If you start working using your EAD, then your H1-B visa is NO LONGER valid.

You can not work with it, or travel with it.

For that reason, you will need an advance parole document to travel, otherwise you will be abandoning your AOS Application.

If you filed I-485 before July 30th, then file the I-131 and pay the new fees.

If you filed I-485 after July 30th, then file the I-131 with a copy of the I-485 receipt and pay no fee (it is included in the I-485 fee).

[waitin_toolong]

But the intent of the visa has to be maintained, if you are not going to be working for the h1 employer then you are committing fraud by pretending otherwise

[Moiz]

AOS itself keeps u in legal status

Hi waiting too long,

I think that once ur case on AOS has to be decided, u r in legal status and that there is no need to work for that employer coz then the applicant is in his status adjustment. the purpose of the visa is only for travelling in and out of US. its clearly writtin in the AP instruction form that if u have a H1 B visa and u have aplied for AOS, then u dont need AP. AP is an extreme emergency document which people generally have it in ae they need to travel provided they dont have any stamping of visa. what do u say praetorian XI?

Max.

[waitin_toolong]

yeah but that visa loses it validity if you are not going to be working for H1 employer. rest is upto you for interpretation, but that is the legal definition.