Rishikesh Posted May 23, 2021 Report Share Posted May 23, 2021 During the pandemic last year 2020, I lost my job on H1B visa and couldn't find an employer within a 60 day grace period. So my attorney advised me to apply for a Change of Status (COS) to B1/B2 to maintain status. This was in April 2020 when all international travel was banned due to Covid-19.My attorney mentioned to me that I would be easily able to capture this time on H1B as I have filed for COS.I received the notice of application for COS and later received Finger Print Notice as well.But during this time, I had to leave USA due to family member sick in India. (I didn't appear for Finger Print) So as per the rule, COS to B1/B2 should be abandoned. But it is still pending as of today (applied April 2, 2020)Now I have received a new job offer and the new employer filed my H1B visa successfully, but they couldn't capture the time(7 months) for H1B that I spent in the US waiting on pending B1/B2 COS case. Can I recapture this period for H1B?Is there a RULE/LAW which disregards my COS application? OR is this a mistake from the filing employer? Quote Link to comment
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