Can I apply for H1B?

B

bdeshi

Registered Users (C)
Hello Gurus:

My situation is bit complicated.

I'm currently doing AOS. However, as I lost my job before 180 days, I moved to Canada as Landed Immigrant.

Now I want to return to US and work. I've used only first 3 years of H-1B visa and did not apply for an extension after getting EAD.

I want to apply for H-1B (new/transfer) just in case my AOS gets denied (although no notice from INS after one year).

Question is: If I submit petition for H-1B extension, will this void my AOS (as per my attorney it will)??

regards,

Bdeshi
 
How did you leave the US? Do you have AP? Obviously, you had no employer when you left the US so you did not have a valid H-1 status. If you left without AP, you have already abandoned your AOS.

You really need to discuss this in detail with the attorney handling your case. Actually, you should have discussed this BEFORE you left the US.
 
Thanks J. Mills.

Yes, I left US with a valid AP. I was working for another employer after being laid off by the sponsor until moving to Canada. Now, if the new company file for a new H-1B, will that void my current AOS process??

Also, Do I have to go my Home country for H-1B stamp? Can I file in Canada as I'm a Canadian PR?

Many thanks in advance.
 
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