I'm trying to change jobs, and here is my situation:
Second term of H1 expired Dec 31, 09. Working on EAD since Sept 08 but have not used AP to travel outside the country. Have a copy of I-9 from the current employer showing the switch to EAD. Have an approved I-140 for over 1 year.
The new employer is willing to sponsor H-1, here is my big concern: Can the new employer sponsor an H1 for me even if the previous one expired?
The new company attorney said that they can not apply for H-1 because the I-94 and H-1 (total 6 years quota) have expired, even though I have approved I-140 for over a year. Is this true? They said that they would have to go through new H-1B quota which is full by now.
Thank you very much for your response.