Immigration Issues/Filing two petitions

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Question
I would like to ask if it is allowed or possible to file an H-1B even though an immigrant petition (I-140) has already been filed by other employer?

Answer
Hi Jane,

It is OK for an H-1B petition to be filed even though I-140 has already been filed by the employer.

H-1B visa status is a 'dual-intent' visa, which means that it allows for intention to immigrate to the U.S. even though it is a nonimmigrant visa. Therefore, H-1B status can be maintained until the very last stage of the green-card process (or until the I-485 application (also known as adjustment of status) is approved.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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