请教小白兔: My Special H-1B and 485 pending Case-Updated

Dear All Specialists:

More background information updated:

My OPT will expire May 2006 and after that I will use my EAD-C/9 card to work for my current employer.

Thus, I have a special case here what confused me a lot. My background is as follows: I am currently in OPT as F-1 status. And as a spouse ( my hu*****and is a priciple I-485 applicant), my I-485 pending now and my employer applied the H-1b 2007 for me while my I-485 is pending. I was informed that my petition was approved. To my surprise, they said I cannot use this H-1B unless I withdraw my I-485 application. My questions are:

1) Do I have to withdraw my I-485 application and then get my H-1b efffective?
2) Do I have to leave US and re-enter US with the newly approved H-1b petition to re-enter US as H-1b visa status before Oct-01-2006 or after Oct-01-2006? (Boz the HR told me that they will give me documents after 10-01-2006)
3) If I leave US and try to get the H-1b visa to re-enter US, does my I-485 is still effectively pending? Or I will lose my I-485 pending?

Thanks for your kind helps.

所有跟帖： 

• You don't need to withdraw your I-485 application -xiaobaitu- ♀ (0 bytes) () 04/25/2006 postreply 22:21:40

• You also don't need to leave USA to get your H1b -xiaobaitu- ♀ (0 bytes) () 04/25/2006 postreply 22:23:13