Can I apply for H-1B?

sen91

sen91

New Member
Hello I'm a STEM OPT student(Masters) currently working on a Full Time job as a Software Engineer. My STEM OPT Extension ends on this year July (2023/07) and last year my company applied for my H-1B and unfortunately I did not get selected from the lottery. After the last year's unfortunate situation me and my spouse went to consult an Immigration Attorney and she mentioned that my spouse could apply for me even she was still a green card holder. Afterwards we did apply for the I-130 and I-485 concurrently along with I-765 in last year September. Now my company is asking me to apply for this year's H-1B lottery. Can I apply for H-1B lottery while having a pending I-130 or I-485 petition? Will it get denied or disposed if my company applies for my H-1B? Or else if it's possible to apply then do I need to change anything with my current petitions? Since the time is clocking I'm just trying to get my chances high to stay legally and not to lose my job.
 
Since you already filed I-485 and your current STEM OPT is good until Jul 2023 I believe you should be receiving family based EAD very soon, so I don't think your employer has to file H-1B lottery for you starting in March 2023.
 
Hi I am RDMS Canadian citizen and wish to work as travelling Sonographer in US
How to start process?
 
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