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The status of my wife and I is I-485 pending based on her employment (EB3). I currently work as a post-doc with EAD. We have used AP once right after my graduation to go back home. At that time, the lawyer told us that it was fine for us to use AP and after coming back, I can apply for H1B. Weren’t we naïve? The lawyer was totally wrong. I lost my non-immigration status by using AP. For now, we don't know when our I-485 will be approved. In the mean time, my wife can not change to a different job. So I wonder if I can file an EB2-NIW application in our situation.
On a related issue, the international office in my school told me that they could not sponsor me for a H1B visa once I used AP. Is there anyway that I can go around this, like apply for H1B as an individual?
Any of your advice is highly appreciated
On a related issue, the international office in my school told me that they could not sponsor me for a H1B visa once I used AP. Is there anyway that I can go around this, like apply for H1B as an individual?
Any of your advice is highly appreciated
