H1B after 60 days grace period with B2 cos

[SarkarRaj]

Hi,

I hope you're well! Thanks in advance for all the help.

Due to RIF in my company, I was laid off and my H1B grace period of 60 days ended recently, however, in order to not accrue any unlawful presence, I filed for B2 COS a couple of weeks back. Now there's a possibility of a couple of potential offers. What are my options at this time considering,

- I have an I797-A, H1B (from the previous employer, which they withdrew after laid-off) with valid stamping and valid I-94 until August 2021.

- I have a confirmed I-140 with a priority date of December 2016.

 

1. Since my potential employer will be filing the H1B after 60 days, can I start working on the receipt? Will there be any issues in the future?

2. Can I cancel/withdraw my B2 application if my H1B is successfully accepted? or in order to cancel my B2, can I just go to the border and come back again using my valid Visa stamping?

3. Are there any other better options?

Thank you so much. Stay safe.

Edited May 28, 2020 by SarkarRaj

[JoeF]

You can not work on receipt of the H1 is filed after the grace period.

[User099]

You can apply for H1 and if it comes back with an I94 then you dont need to go to the border. If not, its better to travel and come back in. But due to the current situation borders are closed so you will have to wait till they are back open. 

I don't think you can work on the receipt notice.