Filed for conversion to B2 6 months ago and still pending

S

springinnyc

Registered Users (C)
Hello,

I need help!!!! My situation is weird and a little bit complicated.

-I was on H-1B.
-I lost job on October 15th and my company filed for revoking my H-1B on November 7th.
-I filed to change to B2 on November 5th and recieved the B2 application receipt notice from CIS on November 19th.
-Now it is May 7th, my B2 is still pending. I called CIS customer service and was told they are so far processing application recieved in August.

If my B2 was denied, I would have been overstayed for more than 180 days. I only wish my B2 will be approved.

My first question is: even if my B2 was approved, would it keep me in status till May 19th only? (November 19th - May 19th)

My second question is, if I find a job before B2 application decision is made,
Can I file for H-1B transfer?

Thank you. Thank you. Thank you.
 
I-94 attached to my H-1b indicates valid till 05/08/2010. But I lost job already, the H-1b cannot keep me in status, right?
 
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Lets hope you applied for AOS and got a I-94, otherwise you are facing much greater issues that the B conversion. So whats the date on your I-94?
 
Ok, 5/8/2010 is good, it means you are out of status but not unlawfully present, so you won't be facing any re-entry bars. But since the petition was withdrawn, it would still be best not to stay for more than 180 days past the day of revocation.

My recommendation is to find a job, leave the US, withdraw the COS to B, get a H visa stamp at a consulate, and return in clean status. However, you might want to consult with an attorney to be sure.
 
Thanks. Since I already filed for conversion to B2, if my B2 got approved, the I-94 will have new valid date for B2 period instead of H-1B I-94 valid period. Is it the case?
 
If I withdraw COS B2, I would be out of status in the US for more than 180 days. Is it a big problem for my future visa application? And what's the procedure of process COS withdrawal. Thanks.
 
If you are already past 180 days go see an attorney. Its subject to interpretation whether you are unlawfully present at this point, or merely out of status. The former could trigger a re-entry bar and you might not be able to get a visa abroad.
 
If I go home and reapply h1b visa, 1) will the H1b visa cap apply to me or I can still be considered employer transfer? 2) will the visa officer pay know that I was out-of-status for 180 days? My previous h1b employer already filed to revoke my h1b on November 5th last year. thanks
 
You should not be subject to the quota, but you definitively might have an issue with being more than 180 days out of status or possibly even unlawfully present.
 
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