Change of Status from B/1-B/2 to F1 and H1B


Hope18

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Hello,
  • I have arrived on B1/B2 Visitor visa in US on April 18, 2016 and later I have applied for change of status to F1 in August 2016 and I have received an RFE in  October 2016 and we answered it but it got denied in the month of November 2016. Later, within 33 days of my denial I have applied for motion to reopen in Dec 2016.
  • My I94 was expired on october 18, 2016.  
  • While my motion to reopen was in process I have applied for H1 in 2017 and it got picked in lottery last year and I got receipt in the month of April 17, 2017 and it was in RFE process since then. 
  • My B1/B2 COS to F1 motion to reopen application was denied in on Nov 13, 2017. 
  • Since my H1 is still in process i was waiting for result. 

Now, 2 things have happened

  1. My H1B petition got rejected and my employer applied for motion to reopen in March 2018.
  2. I got married to an H1B person on April 2, 2018

Questions: 

  1. Was I ever Out of Status or over stayed?
  2. I consulted a lawyer and he mentioned that since my “B1/B2 Change of Status to F1” was denied on Nov 13,2017, I have 180 days to leave the country. Is that true? Will I get 180 days grace period even after motion to reopen got denied?
  3. Also the lawyer said that In order for me to go on to a dependent visa, I should go back to my home country(India) and come back on H4Visa. Is that true? Or can I apply from US also?
  4. Will I get stamped on H4 visa if I go back to my home country after all these situations.
  5. Even while applying for H1b, I have mention it as COS b1/b2 to H1 in form I-129.
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Very shaky status. That being said, best bet is to return to your home country and apply for an appropriate visa, likely an H4. The odds of which ironically are slim.

You appear to have misused/abused your b2 visa privileges, and seem desperate to stay in the US at all costs (b2/f1/h1/h4). That could work against you during future visa attempts. 

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