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Old 11-03-2010, 04:29 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
12/13/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/13/2007
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Join Date: Jun 2008
Posts: 523
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Default How does one switch from H1 to AOS (I-485)?

If we are on H1 and able to file I-485(AOS) and continue to be on H1 until it expires. Then are we automatically on AOS after the expiry of H1? Or do we have to inform USCIS our intent to switch to AOS?

The reason I am asking this question is: I saw a case, although not similar, where the individual was on H1 and applied I-485 (inJuly 2007), he continued on H1 until it expired and decided to stay on h1 and so his employer applied for extension of H1 in 2009. At that time he received an RFE, the employer did not respond to the RFE. So, eventually the H1 Extension was denied.
After that USCIS denied his I-485 also. Reason give was: "Since the H1B EOS (Extension of Status) request was denied, it did not grant, or have the effect of granting, a lawful status during its pendency."

Please have your thoughts on this. Cause I am sure many of us have started using EAD, but did we transition the right way from H1 to EAD?
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