Can I work when H-1B filiing (per S 2045) is pending?

anokul

New Member
My labor was filed in Feb 2000 by RI. Right now both Labor and I-140 are approved but since the ID is not current I am not eligible to apply for adjustment. (ID for EB-2 is Nov 1 99). My H-1 expires on Nov 11 and I was about to take a transfer to UK where I would have waited for ID to catch up and do Consular Processing.

1. Can I apply for H-1 I even if my ID is less than a year prior?
2. If I apply for a new H-1B its almost certain that the current H-1 will expire before INS decides on the new application. Can I just keep working past Nov 11 (H-1B expiration) until I get a acceptance/rejection from INS?
 
Top