query pending want to apply new H1 from new employer

[ajkk]

Hello,

I am on OPT right now and my opt is valid till feb. 12 2005. Presently I am working and my employer filed for my H1, but there is query pending on my petition. Recenlty I got a better offer for a new job from another employer, and he wants to file for my H1 ( premium processing). Can I apply for H1 from the new employer while a query on first one is still pending.
Please advice me on this asap.
Thanks in advance.
AJ.

 

[xlmicro]

H4 Pending-Expired I-94 to New H1

My friend is also planning to file for New H1( premium) and withdraw pending H4 petition(pending for 6 +months).If you get any replies for your forum posting, please let me know..Thanks

Here is her case detail:

I-94 expired in April '04
H4 extension applied before expiry, is still pending.She has the receipt number.

She came to know from the lawyer to-day that her husband's H1 Transfer has a small query.They are planning to reply to the query before the deadline.

As a back-up she is planning to ask a new employer to file for a new H1B.

Is it ok for her to file for a new H1B?

Thanks for the help!
-Madhuri

 

[waitin_toolong]

it should not be a problem to file for aother H1,

but it depends on the type of query that has come, if related to applicant say legal status etc, u may get the same query again.

If related to company say ability to pay, labor/skill set mismatch etc then it should be ok.