New H1B OR Transfer


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In Oct,2004 I applied for my first H1B and had few h1b transfers since then. In 2008 I moved on EAD and didn’t renew my H1B afterwards. My last H1B was valid till 06/18/2010.

I have Perm and I140 approved. Given that right now my application is pending and I am only on EAD, to be on safe side If I want to apply for H1B, will it be transfer or New H1b (outside of Quota)?

Since I have I140 approved, I should be able to get 3yrs of H1B?


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most likely your h1b will get denied.. you can only have 1 form or status.. by applying for H1B right now.. are you ready to give up your perm/EAD/Advance Parole and just accept H1B all over again?

I'd say just stick for your GC processing and hang in there.. Good Luck!!

Please Note: I am not an Immigration Attorney. I can only provide suggestions which may or maynot be the actual official law. It is always best to consult USCIS or an Immigration Attorney for the best legal advise. Thank You!

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