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H4 to H1 petition still pending from 2011.Can I apply for new H1B this year even if the old one is pending.

Phoenix, AZ |

I am on H4 and I-94 is valid till 2015.I have three questions.
1: 2011 H4 -H1B pending so change of status has not been done and planning to apply H1 this year,if H1 2013 get approved will there be any problem for my change of status this year as my old H1B petition is still in pending status.
2:2011 H4-H1B approved after new H1 filled .should we withdraw new application or can we leave the old approved petition and go ahead with my H1B 2013.
3.2011 H4-H1 denied after applying H1 in 2013.will there be any problem to newly filed H1.

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Attorney answers 3


It would need to be withdrawn.

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Mr. Ferrari is correct ... you need the company's immigration lawyer to sort things out.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


I agree with my colleagues.