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Can I file new H1B while 485 pending
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.
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Also, will this new H1 be subjected to H1B cap. Attorney answers (2)
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. 1 person marked this answer as good
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Answered over 2 years ago.
Immigration Attorney in Gaithersburg, MD.
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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