I lost my full time H1 recently. I although still have a valid concurrent part time H1b. My question is- 1. Can I continue working on part time H1 and maintain valid legal status? 2. Can I meanwhile also apply for new full time H1b in less than a months time? 3. What are my chances of getting my new full time H1b approved? 4. Is there a time limit considering all my details (valid part time H1b) within which I need to apply for new full time H1b? My new employer has an attorney and the application for H1b is to be sent in a couple days to USCIS for my H1. USCIS would receive the packet in less that 10 days post my full time H1b being withdrawn. Is there anything I need to do? Thanks
You would likely be considered to be maintaining H-1B status even with a concurrent part-time H-1B unless the full-time position which you lost was a cap-exempt H-1B and your part-time position is not. Assuming that the full-time H-1B position required a cap number, you should be able to continue working on part-time H-1B and maintain legal status. Under the circumstances, you would be able to apply for a new full-time H-1B whenever you choose. As long as you and your new company are qualified for the new full time H-1B, the petition should be approved. If U.S.C.I.S. receives your new full-time H-1B petition in less than 10 days past the time that your full time H-1B is withdrawn, you should still be considered to be maintaining H-1B status.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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