H1B application while B1 is still pending approval?

[sad_postdoc 13]

Hi!

Does anyone have knowledge on whether it is possible to apply for H1B while the B1 processing is still pending? I had an already approved I-129 but could not leave the country due to covid, so I had to apply for a B1 to stay. 

[igoyougoduke 1,656]

you cant apply H1b just like that. H1b quota is over for 2020 on April 1st 2020

[sad_postdoc 13]

22 minutes ago, Donald120383 said:

you cant apply H1b just like that. H1b quota is over for 2020 on April 1st 2020

My employer is willing to apply - we are cap-exempt because its a University. And premium processing is scheduled to resume this month.

[SusieQQQ 11,586]

11 minutes ago, sad_postdoc said:

My employer is willing to apply - we are cap-exempt because its a University. And premium processing is scheduled to resume this month.

Username big hint there

[igoyougoduke 1,656]

4 hours ago, sad_postdoc said:

My employer is willing to apply - we are cap-exempt because its a University. And premium processing is scheduled to resume this month.

you also have to know that if your H1b approval is contingent on b1 status approval

[sad_postdoc 13]

9 minutes ago, Donald120383 said:

you also have to know that if your H1b approval is contingent on b1 status approval

So, I have to wait for the B1 approval to apply? I had to apply for the B1 because I could not leave the country (and still can't due to covid). I have an already approved I-129 (for consular), but on top of there being no international flights to India, the consulates are closed indefinitely. Any resources/cases on how long I-539 COS are actually taking these days (Vermont) - hopefully sooner than processing times listed. Any resources/previous cases like this - please share. Like so many people these days, I am very very desperate.

[igoyougoduke 1,656]

4 hours ago, sad_postdoc said:

So, I have to wait for the B1 approval to apply? I had to apply for the B1 because I could not leave the country (and still can't due to covid). I have an already approved I-129 (for consular), but on top of there being no international flights to India, the consulates are closed indefinitely. Any resources/cases on how long I-539 COS are actually taking these days (Vermont) - hopefully sooner than processing times listed. Any resources/previous cases like this - please share. Like so many people these days, I am very very desperate.

no you can apply H1b but approval of h1b will depend on your B1 approval if you current status expires by the day of adjudication of H1b

[sad_postdoc 13]

11 hours ago, Donald120383 said:

no you can apply H1b but approval of h1b will depend on your B1 approval if you current status expires by the day of adjudication of H1b

I see. Thank you.