InSearchOf... Posted December 24, 2011 Report Share Posted December 24, 2011 Hi, I have been in the US on H1 since end of 10/2005 (so 7th year running) Employer A : 10/31/2011 (laid off with no further pay stubs from A) H1 renewed (7th year) till 2014 through employer A GC: EB3 with LC and I-140 approved with PD 06/2008 Employer B : I am working for a client xyz 11/28/2011 - till date H1 applied under normal processing - he would not do premium and refuses to change to premium now - asks to wait for sometime looking to file GC on EB2 - but still taking his own time in all the processing Since my PD will be current if I can apply for a EB2 My questions are 1) Can I file another H1 through employer C using premium while my previous (filed through employer B) H1 is pending? 2) if so can it be for the same client xyz through employer C ? 3) what will happen if the H1 petition (through employer C) is approved and the petition from B is not approved or still pending ? 4) if H1 is approved with employer C - will I be considered to have been out-of-status or illegally present in the country between 10/31/2011 and the H1 petition date with employer C or any other time periods in between ? 5) if employer C comes forward to file my GC on EB2 - can I port my PD obtained via employer A even if either H1 petitions via employers B and C (most likely will be adjudicated) are still pending ? 6) if interested can the client xyz file the H1 petition (as employer C in this scenario) - will this pose any issues ? Link to comment
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