Dear all,
Here is my situation. My 6 years on H-1B were about to expire. I also had a EB-1 petition pending for more than a year which give me eligibility for 7th year H1B extension.
Potential employer A applied for H1B on my behalf claiming 7th year eligibility based on pending EB-1. It was RFE-ed and being concerned about the possibility of following denial, I continued the job search and signed a contract with employer B (who applied for O-1 visa on my behalf).
Meanwhile the O-1 got approved. (with approval of I-539 status change)
My question is what is my status now?
I really want to work for Employer A and Employer B was my back-up. Can I start working for Employer A now due to H1B portability law, of the fact that I have approved O-1 prevents me from doing so?
Another question is: if my H1B for employer A gets approved (now AFTER the O-1 approved) with this change my status back to H1B and could I start working for employer A then?
Appreciate any professional advise as this is a very unusual situation.
Here is my situation. My 6 years on H-1B were about to expire. I also had a EB-1 petition pending for more than a year which give me eligibility for 7th year H1B extension.
Potential employer A applied for H1B on my behalf claiming 7th year eligibility based on pending EB-1. It was RFE-ed and being concerned about the possibility of following denial, I continued the job search and signed a contract with employer B (who applied for O-1 visa on my behalf).
Meanwhile the O-1 got approved. (with approval of I-539 status change)
My question is what is my status now?
I really want to work for Employer A and Employer B was my back-up. Can I start working for Employer A now due to H1B portability law, of the fact that I have approved O-1 prevents me from doing so?
Another question is: if my H1B for employer A gets approved (now AFTER the O-1 approved) with this change my status back to H1B and could I start working for employer A then?
Appreciate any professional advise as this is a very unusual situation.