I have a pending immigrant visa status filed but is still pending?can I apply for H1 visa?

Can i apply for H1 and still maintain my filed immigrant petition?

Answer:
It depends. If you have a pending H4 visa extension and are filing for H1 visa thats fine. I am not sure about other types of visas. But the general rule of thumb is you should be fine as long as you have maintained status in the past. Having a pending application is also maintaining status. Your H1 application if filed after the expiry of your previous visa will have problems if the extension you required is denied. Also, if you have 2 non immigrant visa petitions the last one to get approved prevails. For example, if you have H4 pending and your new employer files H1b and h1b gets approved first and H4 later, your H1b is lost. Post your detailed questions on www.immigrationvoice.org where there are people with similar background.
Of course you can apply for H1. It will not invalidate your immigrant petition. But if you are in US currently, you do not need H1 to work, you should be able to get EAD (employment authorization).

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