O1 or second H1B

K

kinch

Registered Users (C)
I am currently on 8th year of H1B. I received a 3 yr extension after 6th year based on pending GC application (EB2). I also have a pending EB1 application.

Now, I have a second part time job. Q--> should i go for a second H1B or O1??
AND
Do I have to wait for second H1B to be approved before joining? or can I join based on Receipt notice as in the case of H1B transfer?

Thanks.
 
If you have pending 485 and EAD you can use that. Otherwise you have to apply for O and wait for it to be approved (notice is not enough). You are not eligible for H since you are past 6 years.
 
i am past 6 yrs...but have an approved h1b status for 2 more yrs. I do not feel safe using EAD..hence looking for other options.
 
O-1 is pretty difficult to get. Using the EAD is much easier. As long your I-140 is a good faith submission without any skeletons in the basement (3 year degree and such) you should be fine.
 
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