H1b visa extension denied

Tome

New Member
Hello Rajivji,

Happy Diwali

I have 2 approved I140(2011 n 2016) from 2 past employers ( A and B) .
Joined company C in Nov. 2019 but they delayed 485 filing. Currently waiting on perm.
Filed the H1B extension request on Sep 2022 but got RFE on extension due to adjustment of status new regulation ( that says since 485 is not filed for more than a year while PD is current, H1B cannot be extended ) and finally H1B extension petition is denied on on Oct 21st upon rfe response.
Since current H1B was expiring on 10/13/2022 , I filed for B2 and got biometrics appointment for 10/31/2022. Here are my questions:

1. Can I file new petition with same or different employer ? If yes should go for premium or regular?

2. With pending or approved B2 & H1 pending, can I work?

3. Is this true if B2 is pending then H1 will be in pending until B2 is approved?if so then should I delay biometrics or get B2 approved? Please note I am not working currently.

3.will this new h1b be still exempt? Especially if we want to buy time until perm is approved and then 140 and 485 is filed.

4.can past employer with approved I140 , file I485 irrespective if i join or not right away? Do they have to file 485j once I join them

5.if past employer file I485,does he has to pay same salary approved in I140/perm? If so, From the time I485 is filed or approved?

Thank you
 
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