Legal Question in Immigration Law in Michigan

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 USCIS would receive the packet in less that 10 days post my full time H1b being withdrawn.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


Asked on 6/27/13, 10:18 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

To answer your questions briefly: 1) yes, 2) Yes, 3) Depends on many factors; too detailed to address in this type of forum, 4) No, as long as you maintain H-1B status pursuant to the valid I-120 petition for part time employment, 5) You should be discussing all of this with the attorney who is filing your new case.

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Answered on 6/30/13, 9:23 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

4) I meant I-129 petition, sorry. Typo.

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Answered on 6/30/13, 9:24 am


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