alias
12-17-2011, 10:20 PM
I have been in the US since 2000; until 2010 I have been here on H1B. H1B was renewed beyond the six year mark based on I140 approval. After Dec. 2010 however, my employer decided not to extend H1B (for whatever reason) and instead continue with AOS/EAD only.
Now, I have a lucrative job offer and I’m asking the new employer for a new H1B as an underlying safety to my AC21 portability.
My question: is it possible to file a new H1B in my case given that I have continuously stayed in the country and currently don’t have a H1B (to transfer). I vaguely had heard that there was a law that allowed moving from AOS to H1B and vice versa, can someone please point me to some legal pointers or answer my question. If you need more details please let me know..
FYI – I have my I485 pending since 2007 and I have been with my original sponsor employer ever since.
Now, I have a lucrative job offer and I’m asking the new employer for a new H1B as an underlying safety to my AC21 portability.
My question: is it possible to file a new H1B in my case given that I have continuously stayed in the country and currently don’t have a H1B (to transfer). I vaguely had heard that there was a law that allowed moving from AOS to H1B and vice versa, can someone please point me to some legal pointers or answer my question. If you need more details please let me know..
FYI – I have my I485 pending since 2007 and I have been with my original sponsor employer ever since.