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Ratings. Guidance. The Right Lawyer.
Can I file new H1B while 485 pending
Washington, DC
Viewed 70 times.
Posted 2 months ago in Immigration
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I am currently on EAD/ 485 pending and I do not work for the employer who initially filed my GC. When I changed job I used EAD to work for my new employer and did not transfer H1. It has been a year since I am working for this new employer. My previous company revoked my H1 when I left them.
My question is that can I file a new H1 application now for this new employer?
Additional information
Also, will this new H1 be subjected to H1B cap. Answers (2)
Charles H Kuck
This attorney is licensed in Dist. of Columbia and 2 other states.
Posted 2 months ago.
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Yes, you can, and you should. This will protect your status, in case there is a problem with your I-485 is denied. We have done this a number of times and perfectly permissible.
Best regards, Chuck Charles H. Kuck Managing Partner Kuck Immigration Partners LLC--The Immigration Law Firm 8010 Roswell Road, Suite 300 Atlanta, GA 30350 www.immigration.net ckuck@immigration.net Phone: 404/816-8611 Fax: 404/816-8615 Direct Dial: 404/949-8154 Toll Free: 1-866-286-6200 Follow us on Twitter: www.twitter.com/ckuck or www.twitter.com/immman Join me on Linkedin.com at http://www.linkedin.com/in/charleskuck Join us on www.Facebook.com — Search within Facebook for “Kuck Immigration Group LLC” Sign up for our podcasts on www.itunes.com -- Search “The Immigration Hour” Read our blog at www.immigration.net/blog Solutions for Your Immigration Problems With additional offices in Charlotte, North Carolina, Orlando, Florida, and Gainesville and Dalton, Georgia. 
Maria Fuster Glinsmann
This attorney is licensed in Dist. of Columbia and 1 other state.
Posted 2 months ago.
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I agree. You should apply for a new H1B for your new employer. Provided you have not left the US for over 1 year, you will not be subjected to the cap.
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