H-1B COS Approved in spite of gap period between B-2 expire and Oct 1 2013

[baniban]

Hi everybody.

 

My case details;

 

I entered the US in March 2013.  CBP at POE stamped B-2 until end of August 2013 on my I-94.

My employer filed H-1B in early April 2013 and won the H-1B lottery.

 

USCIS issued RFE in July, and we answered to RFE in mid of August.

 

In the meantime, I filed I-539 B-2 extension before my B-2 expiration.  It is still pending.

 

In September 2013, USCIS approved my COS with I-94 (I-797A).  It is amazing.

 

My question is;

 

1. This H-1B COS Approval in spite of gap between B-2 expire and Oct 1 is based on USCIS discretion?  

 

2. Do I have to withdraw I-539 application for B-2 extension? or Just leave it?

 

Sincerely,

[jairichi]

Hi everybody.

 

My case details;

 

I entered the US in March 2013.  CBP at POE stamped B-2 until end of August 2013 on my I-94.

My employer filed H-1B in early April 2013 and won the H-1B lottery.

 

USCIS issued RFE in July, and we answered to RFE in mid of August.

 

In the meantime, I filed I-539 B-2 extension before my B-2 expiration.  It is still pending.

 

In September 2013, USCIS approved my COS with I-94 (I-797A).  It is amazing.

 

My question is;

 

1. This H-1B COS Approval in spite of gap between B-2 expire and Oct 1 is based on USCIS discretion?  

 

2. Do I have to withdraw I-539 application for B-2 extension? or Just leave it?

 

Sincerely,

2. You need to withdraw.

[permaudit]

to my knowledge, since your H1 COS is approved with I-94 starting from oct 1. I don't think you would need to worry about it. Since you already had an extension petition in process before your visa expired and since your COS was approved it is usually considered to have been nullified. I don't think you need to take any action now. But if you go out of the country you would have to go for stamping and might have to answer about the situation if they ask about it(very low probability of the VO asking such questions)

 

All the best!

[kalyan_ac]

Its better to withdraw the B2 extension petition.

[pontevecchio]

Talk to your employer and then leave and come back with the H1 visa.