Will AOS cancel my H1B?

[lazylady 6]

Hi everyone,

 

I'm currently on H1B visa valid till 2023, and have an AOS in process and an interview very soon. Do you know if upon AOS approval, by H1B will be cancelled/overwritten?

My husband and I am going through a very rough patch in our relationship, so just curious, in the very worst case that we divorce (both my hubby and I still want to make our relationship work now, but who knows when he will cheat again), would I be able to return back to my H1B visa after AOS to continue my job?

[aaron2020 11,651]

After AOS, you would get a green card.  With a green card, you would not need H1b status.  You can only have one status at a time.  If you have a green card, then you can't have H1b status.

 

During AOS, if you use an AOS benefit - i.e. used the EAD or AP, then your H1b status ends.

 

Once your H1b status ends, you can not go back to it.  You would need to apply for a new H1b status.  

[Pupmom 24]

As mentioned, using EAD to enter the country will change your status from H1B. However, I think you are able to capture unused portion of H1B without having to go through the lottery if you need to do so in the future. I was on H1B for the longest time and left the country for a year - coming back was fairly simple and took only a couple of months. There was no change in my H1B sponsor so not sure if that made the process easier. Be worth to check with your employers immigration counsel and confirm.