Asked 2 months ago - Seattle, WAFlag
I have applied for H1B last year and got denied and appealed for decision. I didn't hear any decision yet.
1.Can I apply for new H1B this year with the appeal decision pending? Or do I have to withdraw or cancel the appeal to apply new H1B?
2. If I apply for H1B I can work only from October 1st. So do I have to apply for extension of H4 from August 2013 as I have valid H4 till August.
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An employer can file a petition. For USCIS to change your status, you must be in status on September 30th. Otherwise, you will need to obtain an H-1B visa stamp abroad after the petition is approved and before you can begin work.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
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