EB1 pending - Can I apply for H1-B?

T

toprasad

Registered Users (C)
Here is my visa history
- first was on H1-B (completed 6 years)
- moved to O Visa (completed 3 years)
My permanant resident application EB1-EA (140,485 concurrent) is pending.
The green card is not attached to the company.

Now my company is willing to do a H1-B and apply for regular green card process as a backup.
What are the problems associated with this scenario?
 
For H1B, I thought that one needed to leave the US for one year after being on it for 6 years in order to qualify again. Please let us know how being on O1 factors into this. If you are currently on EAD, it may not be possible to switch to H1.
 
Yes, I also thought you must leave US for 1 year to get a new H-1.. but maybe O visa counts..?
Anyway, it is very important that you stay in status all the time..
maybe you simply can file another I-140 (I would recommend just I-140 AND NOT i-140+i-485) inder different category, like OR, to be safer..
You ca have several I-140 pending at same time..for sure if they are different categories, I am not sure if you can file under same category
 
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