How do I file an H1B visa? 1 Answers as of April 25, 2011

I am a nurse and I have an I-140 EB-3 category with priority date of July'06. My I-94 under H1C expired last December 13, 2010. I am under a change of status. I have a pending H1B application with employer A. It was denied last April 20,2011. My attorney re-appeal my application. I have employer B who is going to sponsor another H1-B My 6th month here will be on June 13'2011. Here are my concerns: 1. Lets say, if worst comes to worst that my H1b application will still be denied I will be considered out of status from the time my previous I-94 expired. What would be the implication to my pending I-140(EB3) application? 2. What can my employer B do for the mean time? Can employer B still file another H1-B even my pending H1-B has been denied and only in the process of reappealing? 3. What can you advice with my case?

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It is your attorney's job to review your facts and find you a viable strategy. You should work closely with your attorneys. If you need second opinion, you should contact a lawyer near you for a consultation during which your facts will be reviewed and analyzed.
Answer Applies to: Florida
Replied: 4/25/2011
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