File another H1 while one H1 transfer is pending


InSearchOf...

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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 ?

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