Immigration Voice

immigrantinwaiting · #1 (**permalink**) 11-23-2009, 05:29 PM

Here is a question for one of my friend

He is a July 07 filer and has I 485 pending for more than 180 days, has EAD and AP.
All through the years he has been on H1. however there is a gap of 40 days between change of employer on H1. (The H1 is approved after this gap of 40days) Is he in the status during this gap of 40 days because he has pending 485 and has valid EAD/AP?

hibworker · #2 (**permalink**) 11-24-2009, 06:26 PM

Yes he is in 'Adjustee Status' also a person can start working as soon as new employer files H1 petition on his/her behalf. So if the petition was filed on time and took 40 days to be approved your friend was in H1 status since the day the petition was received by USCIS

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