H-1B approved with B2 Pending --> Very Unique case - Please help and provide some feedback

[pparvaH1]

My Case: 

I was on H1B with my previous employer.

The company quit complete operations and filed for Bankruptcy. 

I could not find a new employer within the 60 days grace period, so I filed for a B-2 application.

After about another 30 days, I found a new employer who filed I-129 but missed to mention anything about I-539. 

I got an approval and I797, I-94 remained the same. No new I-94 was issued. 

I just started working but my B2 (I-539) is still pending. 

 

My Plan - Going through a CBP in Canada or Mexico to invalidate my pending B2. 

Overseas Travel Results in Abandonment of Pending COS Application

If the foreign national travels abroad while the COS is still pending, the application is deemed abandoned, but this typically would have no negative immigration consequences for the applicant. As long as the person was in valid status at the time the I-539 was filed, the person’s stay beyond the I-94 expiration date continues to be viewed as a period of authorized stay.

 

What I need your advice/feedback on

- Is this the best/most feasible option? 

- Is there any risk involved? 

- What documents should I carry? 

- Instead of crossing the border, can I just go to the CBP and get it processed? 

- Canada or Mexico, which is a better option? 

 

Thanks a lot in advance! 

 

Best,

Pavan

[Krish98]

Hi

I need your help.

My I797 is expiring on 31st October .

When did you file B2 visa and H1b extension ?

I want to know after how many days  file B2 visa and when did you find employer?

Edited August 27, 2020 by Krish98