本人情況： H1B在學校工作，NIW I-140 和 I-485 filed on July 27, 2007. I-140 approved August 2008. 學校在 April 3， 2009 filed EB1B I-140。 但現在有個公司給我一個不錯的職位。 我想去公司工作。 我現在有EAD可以去公司工作，我想讓公司給我再申請一份 EB1B。 可公司的律師回複如下， 我不甚理解。請大師指教：
To summarize our conversation, I would recommend that we file an H-1B COS/AOS status petition from Academic H-1B to Cap Counted H-1B for this individual as there are still H-1B numbers available. The reason is, it appears his I-140 (EB1) Outstanding Researcher and I-485 AOS applications were filed in February 2009 with means he isn't eligible to "Port" the Green Card application until August 2009. Additionally, the O-1 isn't a good idea given they fact that he has an I-140/I-485 pending and the O-1 Nonimmigrant category isn't suppose to have immigrant intent. The legal fee for the H-1B is $3500 plus di*****ursements (filings fees $3320 and copy/courier charges $250).
To summarize our conversation, I would recommend that we file an H-1B COS/AOS status petition from Academic H-1B to Cap Counted H-1B for this individual as there are still H-1B numbers available. The reason is, it appears his I-140 (EB1) Outstanding Researcher and I-485 AOS applications were filed in February 2009 with means he isn't eligible to "Port" the Green Card application until August 2009. Additionally, the O-1 isn't a good idea given they fact that he has an I-140/I-485 pending and the O-1 Nonimmigrant category isn't suppose to have immigrant intent. The legal fee for the H-1B is $3500 plus di*****ursements (filings fees $3320 and copy/courier charges $250).
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