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H1B and Marriage Base Green Card Pending

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  • H1B and Marriage Base Green Card Pending

    Hi All,

    My employer applied for H1B in Apr 2019, got selected in lottery and is being reviewed; my husband and I got married in June 2019 and we submitted the Adjustment of Status Package shortly after. Our interview is scheduled for the end of Jan 2020. I have a few questions I wanted to see if anyone could give me some insights to-

    1) Our interview will be in Cleveland, OH. Has anyone had experience with the Cleveland office and can give me some info on their experiences?
    2) My H1B is currently still pending... if the interview goes well in end of Jan and the GC is approved, and the H1B got approved as well, will USCIS just cancel the H1B and let me keep the GC?
    3) My EAD/AP from the GC petition got approved a few days ago- am I safe to go back to work using my EAD even though H1B is still pending?

    Thank you for your time

  • #2
    based on my understanding, your EAD supercedes the H1B and removes any restriction that H1B has like working only for sponsoring employer, in your field of expertise, inability to hold multiple jobs, or be self employmend. And your green card when you have it will make the EAD inconsequential.
    F O - Portland, OR
    10/21/2019 sent AOS package.
    10/22/2019 reach USCIS Chicago Lockbox.
    11/06/2019 NOA for I130,765 and 485
    11/22/2019 Biometrics appt letter on 12/04
    12/04/2019 BIometrics appt ok
    12/04/2019 Biometrics review done. Case in progress.
    1/31/2020 Case ready to be scheduled for an interview
    2/4/2020 New card is being produced (I-765)
    2/5/2020 I-765 - Case was approved
    2/10/2020 I-765 - EAD Card received in the mail

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    • #3
      EAD does not overwrite H1B. Both remain as separate entities. Until your I485 is complete you can remain on EAD and H1B assuming that you are using H1B as an active status with your employer. Say, you go to your employer and ask them to revoke your H1B and use your AP EAD card for your proof of employment, then your H1B will be invalid.

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