H1 to B2 to Extension H1. Is this right or possible? Help.

[Rsur]

My friend was on a H1 visa which expired in May 04. His Labor was filed in Dec 03 (company messed up - different story). Since he did not have one year since filing of LC he applied for B2 - Business visa and was approved for six months and again extended for another six months.

He is now filing for extension of H-1 since it is past a year of LC filing.

1. Can he get back on the payroll based on the filing of this extension?

2. What are the repurcussions if the H1 extension is denied and 485 not filed by that time (retrogression woes)

He has a good attorney handling the case who has said that #1 above is possible and is sort of putting off answering #2.

Any ideas and educated opinions will be of great help.

Thanks for your time.

 

[EricS]

My friend was on a H1 visa which expired in May 04. His Labor was filed in Dec 03 (company messed up - different story). Since he did not have one year since filing of LC he applied for B2 - Business visa and was approved for six months and again extended for another six months.

He is now filing for extension of H-1 since it is past a year of LC filing.

1. Can he get back on the payroll based on the filing of this extension?

2. What are the repurcussions if the H1 extension is denied and 485 not filed by that time (retrogression woes)

He has a good attorney handling the case who has said that #1 above is possible and is sort of putting off answering #2.

Any ideas and educated opinions will be of great help.

Thanks for your time.

This is my opinion, your friend's H1 expired in May04 and since then he is on B2. H1 extension, simply by its name implies extension to an existing H1. When there is no existing H1, extension does not come into picture. So in my opinion, it is not possible.
As you said he has a good attorney, may be it is possible. Also, USCIS my overlook some facts and approve it, but, I would say not much chance. Do let us know if he gets this H1 extension.