Urgent : My employer asked me to file COS B2 from H1B as i will cross 240 days when my premium RFE is in review and what will happen if i file COS B2 and my H1 gets approved

[manusaran]

Hi All,
I would need some advice as this is a crucial situation and my employer is not answering my question in a right way.here is my situation : 

• My H1B extension is in premium, I would be reaching 240 days by May 27th and my attorney responded to my RFE on May 18th.
• My employer has asked me to send documents to convert my case to COS B2 on May 26th. 
• If i send documents to change my case to COS B2 and if my H1B gets approved.

- Can i go back to work?

- or should i have to wait for my COS B2 to get approved as i have already filed it?

- And again file B2 COS H1B? - Will that be a new petition?or extension or how long will that take. 

Is filing COS B2 is a must ? Coz i cant continue to stay here and pay for my expenses on B2 for months,As my H1B extension is in premium cant i stay without applying for cos until my extension result comes.

 

Thanks in advance for all your help.

 

Regards,

Manu

 

[User099]

Not sure why your employer is asking to file for a B2. If you filed your extension on time, then you can stay beyond 240 days (you just can't work).