Filing new H1 while working on EAD


ak112

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Hello, this is my current situation:

* 6 years on H1 completed on: 27-Mar-08

* H1 was valid until: 23-Mar-09

* H1 extension beyond 23-Mar-09 was withdrawn by employer following an RFE on extension and I was advised to go on EAD.

* I-140 was approved in February 2009.

* I-485 was filed in July 2007.

I am currently working on EAD (EB3). My employer has advised to file a new H1. Question I have is if I can file for a new H1 since I have been staying in the US beyond 6 years on H1, (of course legally since I am awaiting adjustment of status).

And if I can file new H1, will I need to go out of the US to get it stamped. Any help will be highly appreciated. Thanks.

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