Can a potential new employer file a H1B for me? 2 Answers as of February 22, 2011

Here is my current status in the US:1) My employer (A) file an H1B (regular processing) last December'10 and now the USCIS requesting RFE to them2) My employer (B) will also file another H1B this coming April'11. I prefer employer (B) and I requested for a premium filing3) I came here under H1C and already expired last December'10. 4) I only allow to stay here under the change of status5) I have a denied F1 visa6) I have an EB3 petition with approved I-140 and priority date is Aug'06. Following questions:1) Is it still possible for employer B to file an H1B? Would there be any conflict taking considerations of my existing H1B petition from employer (A) and denied F1 visa2) Am I still not "out of status"3) What would be the wisest strategy to do?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your question is not a general one. Your situation sounds confusing too. You should retain a lawyer to apply for you in order to avoid denial from uscis.
Answer Applies to: Florida
Replied: 2/22/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I will need more dates to accurately advise you but if employer A filed for the H-1B before your H-1C expired and you maintained that status then you want to adjudicate employer A's petition to a successful conclusion for several reasons: 1) it means you will have already been counted and can file with Employer B any time (even concurrently) and do not need to wait for new visas to be available on October 1, 2011; 2) may avoid out of status time depending on the dates and adjudication of your various filings and allow you to do a change of status and not return to your home consulate for a new visa and have to answer questions about your out-of-status time .

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/22/2011
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