You should speak with an immigration attorney as soon as possible to explore this further, due to time constraints which must be evaluated quickly. From a bigger picture perspective, there is no problem with getting an H-1B visa and starting a PERM case at the same time. The H-1B visa specifically allows you to do permanent visa kinds of things without violating your status, which is much different from temporary intent visas such as student and visitor visas.
I agree with my colleague. In addition, I would add that you should consult an immigration lawyer as soon as possible. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
Yes, you can and you should. The H1B will allow you to maintain legal status while waiting for the I140. Good luck!
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com