COS from OOS to B2 to H1 again

[komplicated]

Did not find a similar topic after a basic search, so please bear with me. If topic is a repeat, kindly fwd me a link to the old post.

Question is - What risks/visa processing complications entail converting from out of status (H1b laid off worker) to B2 after filing COS, then finding an H1b sponsor and re-filing a petition for a new H1b in April?

Is there anything in the law that states that clear intent to seek employment while on B2 is not valid which can then lead to denial of the new H1b petition? Any literature of such policies will also benefit me.

[JoeF]

The issue would be to get a COS, any COS done while being out of status.

[komplicated]

JoeF

Agreed. But what about the third leg, going from B2 to H1b if one did find a sponsor? Have you had experience seeing those petitions fail. Suppose that B2 petition is being processed while a job is found, so can an H1b petition on top of that be rejected? Thanks.

[rahul412]

The issue would be to get a COS, any COS done while being out of status.

Is it legal for a person on visiting visa(B2) to find a job during their visit??

[JoeF]

Is it legal for a person on visiting visa(B2) to find a job during their visit??

Sure.

But the OP would probably not be able to do a COS, because he is out of status.

An H1 petition may get approved without COS, so then the OP would have to go abroad, and reenter with an H1 visa.

[rahul412]

Sure.

But the OP would probably not be able to do a COS, because he is out of status.

An H1 petition may get approved without COS, so then the OP would have to go abroad, and reenter with an H1 visa.

Then how can OP stay in US without a status???