I-485 and I-765 Questions

[wakikinana]

Hi, I'm new to this forum and now working on my green card paperwork and have encountered a couple questions. I entered the US with my F1 students visa in 2003, and used my OPT to work for 1 year after I graduated. In 2006, I started to use the H1B visa to work until just recently I resigned from the previous job. My questions are,

1) What is my current immigration/uscis status regarding my situation? Since I didn't leave the US after I worked with my H1B visa, i don't have a H1B visa on my passport. My F1 student visa just expired 5 days ago, and I already quitted my job, so I don't really know what my status is now.

2) Do I already have an "A number"? Since I got a EAD card for my 1-year OPT, I just found there was an "A#" on the card. Do I put the same # on all the green card forms where require an A#?

3) Since I already had OPT and H1B visa in the past, am I applying for "permission to accept employment" or "renewal of my permission to accept employment"? Does OPT or H1B visa consider "employment authorization" from USCIS?


Thank you so much for answering the questions.

[txh1b]

1. Out of status. A h1b holder cannot quit a job and remain in status without working without another H1b transfer in the pipeline and working for new employer
2. What is the basis of your GC filing? Yes, you can use the same A# but USCIS could issue a different one.
3. Permission to accept employment if it is the first EAD from Green Card filing.

[wakikinana]

Thanks a lot for the quick reply. This will be a marriage-based green card application. So is that still okay for me to use I-485 to adjust my status? And does that mean it doesnt matter if i put my old A# on the paperwork? Would that cause any confusion for USCIS when handling the process?

One more question, so since i am out of status, does that mean my I-94 is expired too? There is no an expiration date on the I-94 card but "D/S".

Thank you so much again! =) I really appreciate your help!

[txh1b]

You should have a new I-94 with the same number attached to the H1b approval I797. D/S is the F1 visa I-94 which is valid as long as you maintain that status.

If you are married to a USC, file for the AoS ASAP and do not worry about the out of status from H1b for few days.

You need to act fast. The old A# can be mentioned. No big deal and no confusion to USCIS.

[wakikinana]

yes, I do have a new I-94 attached to the H1b approval I797 (tks for mentioning that, i totally forgot i had this little piece of paper =P) But it says this is valid until Aug 2009. Is this the expiration date? I dont work for this petitioner anymore though. @@"

[txh1b]

Yes, that is the expiration date. Out of status and illegal presence are two different things.

[wakikinana]

Sorry I have one more question about form I-130 #14. My most recent arrival to the US was as a student with a F1 visa in 2005 and the original I-94 was attached to my passport with a date arrived on it. But i am not a student anymore and i got this new I-94 with the H1b approval I-797 which said it would expire in 2009. Can I answer the questions on the form based on 2 I-94 cards? Meaning "Date arrived" in 2005 (as a student) and "Date authorized stay will expire" in 2009. And i will attach both I-94 cards with my application, will that work? Thank you!