Unusual situation....please guide

E

eb2007

Registered Users (C)
I'm presently on J1 which will be changed to H1b (academic, nonprofit) from May 1 onwards. I've also applied for profit H1b (cap) through a private employer. My petition was received by USCIS and I got an email from my lawyer that she has filed my case as Change of Status and I should not travel while H1b petition (capped one) is pending. My problem is that I've already booked a ticket to travel to India and get my nonprofit H1b stamped. But I'm worried now as if I travel now then i think I'll abondon my change of status application and I've to go through consular processing. Am I right??
I thought if i travel now and get H1b (nonprofit) stamped then I can later also use profit H1b after approval. i'm really confused whether I should travel now? I was so excited to see my family and friends....I dont know what will happen if i travel now.......but i desperately want to travel....gurus please guide me about the consequences...
p.s. my nonprofit H1b has I94 valid till May 2011.
 
I think you can maintain both the H1s. One can apply upto 6-7 H1s. I don't think it is a transfer in your case. If this is considered as a transfer case then also one can travel. The only problem is that you would need to wait for the H1 approved petition. So talk to your attorney that why she think you should not travel.
 
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