H1B to B2 and back to H1B

[ek0607]

Hi All, 

I need some help. I was being laid off by the company A at the end of feb 2015 without any prior notice. I submitted my COS to B2 after researching on the net on what is the option next on march 23 2015 (yes, out of status for 23 days) to stay in status after the laid off. I might be getting a job offer on may 15 2015 (nearly 3 months out of pay stub) and might be able to submit my h1b transfer at the end of May.  My COS to h1b to b2 is still pending and i am not quite sure when it will be approved. I am just wondering whether it is possible to transfer from

a) pending b2 to h1b?

b) b2 approved to h1b?

c) If things come to worst where my b2 is being denied. Is it possible for h1b transfer after that?

 

I am just wondering whether anyone have experience being transfer to h1b after nearly 3 months out of job?

If my h1b is being approved. Will the gap of 3 months during this time affect my green card application? Should i ask for my future employer to file for green card?

 

I would appreciate much of anyone that could help me. Thank you in advance!

 

 

[pontevecchio]

One step at a time If the new H1 petition with the new employer is approved leave and return with the H1 visa.

[ek0607]

Does Uscis usually approve someone that has b2 pending visa? and have nearly 3 months gap?

One step at a time If the new H1 petition with the new employer is approved leave and return with the H1 visa.

[ek0607]

I applied for my h1b transfer and got the rfe for b2 and h1b petition

a) b2 asked for paystub, reason to stay, and further evidences to support that I will leave in the future

B) h1b rfe said that I need to wait for b2 to get approved since that this is a bridge petition

My lawyer told me to withdraw the b2 application and wrote a letter to uscis to approve my h1b. My concern is that since my b2 is being withdraw. Will I be considered as out of status from the day I was being laid off to now? I asked my lawyer regarding to this and she told me that I would not be out of status since I applied b2. I am a bit skeptical on this? Any advice on whether this is right? The lawyer is from one of the well known lawyer firm in the country but I am a bit worry that they might not be giving me the best advice.

[JoeF]

Well, you were out of status when you filed the COS to B2. So, regardless of it being withdrawn or not, you have been out of status since the layoff. Filing a COS while being out of status doesn't make you legal.