I'm trying to change jobs, and here is my situation:
Second term of H1 (6 yrs) expired Dec 31, 2009. Working on EAD since Sept 2008 but have not used AP to travel outside the country. Have a copy of I-9 from the current employer showing the switch to EAD. Have an approved I-140 for over 1 year.
The new employer is willing to sponsor H-1, so here is my big concern: Can the new employer sponsor an H1 for me even if the previous one expired?
The new company attorney said that they can not apply for H-1 because the I-94 and H-1 (total 6 years quota) have expired, even though I have approved I-140 for over a year. Is this true? They said that they would have to go through new H-1B quota which is full by now.
Thanking you in advance for your answer.
Second term of H1 (6 yrs) expired Dec 31, 2009. Working on EAD since Sept 2008 but have not used AP to travel outside the country. Have a copy of I-9 from the current employer showing the switch to EAD. Have an approved I-140 for over 1 year.
The new employer is willing to sponsor H-1, so here is my big concern: Can the new employer sponsor an H1 for me even if the previous one expired?
The new company attorney said that they can not apply for H-1 because the I-94 and H-1 (total 6 years quota) have expired, even though I have approved I-140 for over a year. Is this true? They said that they would have to go through new H-1B quota which is full by now.
Thanking you in advance for your answer.