EAD active, apply H1B again?


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I had used my first 2.5 years of H1B with my previous employer. They filed for my Labor/I-140/I485 in July 2007. I then changed employers and filed for AC21 and started using EAD. I have been working using my EAD for the last two years with my current employer.

My employer now wants to file for H1B again as a backup (in case my GC gets rejected). Is this advisable?

I have some concerns regarding this:

1) Is it ok if the status changes from H1B to AOS and then apply H1B again as a backup?

2) Does this impact my GC application in any way.

3) If I apply for H1B again, will it start counting against my H1B time even though I don't plan to use H1B?

Thanks in advance.


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