Please help!!!!!!!!!!!!!

[Kir7]

Applied for status change from B2 to H1(premium processing--INS -RFE - this was sent to INS) -- also filed for B2 extension before my I-94 expiry---
1. Will the I-539 -B2, pose a problem for H1 approval?
2. I-539 form was returned today for correction(has the WAC no.)--owing to improper fee attached(mistake, since I-539 form does not have the updated fees). Now that my B2,I-94 has expired--Will this rectified I-539 be considered?
3. In case H1 is not approved(God forbid), can I stay here in aniticipation of the B2-extension? Kindly help me on this matter--Thanks

 

[jaxen]

Bad advices??

There is something called last action rule. This means that if b2 approval comes after h1 approval then you cannot work.

My guess is that you will get another RFE.

You should have applied for only one visa. If you had applied for H1 and got a WAC you are in valid status and can wait here in US until INS comes back with a decision.

You should not have filed the B2 extension? Did you file b2 extn. since you were not interested in the h1 job? Then you should have withdrawn the H1 and then filed B2.

If you really want the H1 and the job, I suggest you convert your H1 application to premium processing and withdraw B2 extension.

 

[Kir7]

Jaxen, Thanks for your response. Well, I filed for B2-extension too-- in case H1 is denied. H1 filed by premium processing and the docs(after RFE) r'cd by INS for H1 on 07/24/2002. Could you tell me the procedure for withdrawing the B2- extension?Can I wait for the H1 decision and then withdraw the extension filing?Your response will be highly appreciated.

 

[jaxen]

no specific form

I believe there isn't any specific form for withdrawal. Anyway check INS web site, forms link.

You better ask a lawyer about when to withdraw. As I see you will get a H1 RFE.

 

[Kir7]

Jaxen--thanx for your response. By god's grace my H1 got approved today.
Abt, the other petition(for extn) they say it's fine--don't have to withdraw. but still got to clarify.