some H1B AND I 485 ISSUE

[sag_manna]

What is the name of your state? colorado
I asked some days ago that i am on h1b from last 5 months but didnt get any project so no pay stub...and filed my i 485 on spouse's company behalf,and honorable Lara said that I am in status as my i 485 is filed.so i need not file any h4.I have a doubt that now as i am on h1b and even if i dont work then also i will be in status????i mean will i be still on h1b and would be able to work after any number of months i want?In short i want to say that will i be in status even if i work or not?
Thanks in advance

 

[ImmigAttyLana]

You are a pending applicant for AOS and thus do not have to maintain your H-1B. If you have also applied for your EAD at the time of filing your AOS, you should have that within 90 days and then can work for any employer as that gives you employment authorization that has nothing to do with the H-1B but based on a pending I-485.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[dmtils]

What is the name of your state? colorado
I asked some days ago that i am on h1b from last 5 months but didnt get any project so no pay stub...and filed my i 485 on spouse's company behalf,and honorable Lara said that I am in status as my i 485 is filed.so i need not file any h4.I have a doubt that now as i am on h1b and even if i dont work then also i will be in status????i mean will i be still on h1b and would be able to work after any number of months i want?In short i want to say that will i be in status even if i work or not?
Thanks in advance

If you filed for permanent residence based on your wife's employment, your wife should seek advice on your status from her HR department, or legal counsel.

IF your I-485 is filed, you may be eligible to file an I-765 application for employment authorization.

HOWEVER, DEPENDING ON YOUR H VISA STATUS, THIS COULD AFFECT YOUR OVERALL STATUS IN THE UNITED STATES. You should consult an attorney if your wife's HR department or counsel cannot confidently answer your questions.

EDIT - what Lara has told you above is correct based on your description of your status. But if you file for the I-765 and present that as proof of ability to work, my understanding is it may affect your status as an H-1B. Best practice with USCIS is to pay an attorney for a 1 hour consult. You are under no obligation to retain the attorney, and you could gain some very sound information.

 

[ImmigAttyLana]

No, applying for I-765 on the basis of a pending I-485 does NOT affect your H-1B. Besides, it looks like you are not working since you are not getting paid so it would be to your advantage to use the EAD to obtain a new position and you will get the EAD within 90 days of filing for it.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[sag_manna]

Thanks Lana....I really appreciate it...