COS to B2


abdeali

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Hello members,

 

My PERM priority date is December 13 2013 and max out on H1B is June 13th 2014. Currently DOL is processing November 22nd PERM applications and it seems in a week or two December cases will be processed. I have only 2 weeks before my H1B expires and I run out of options. Before I plan my exit from the country, I would like to confirm following path to continue my stay beyond my H1B expiry on June 13th.

 

I am planning to apply for B2 Visa sometime this week or next week to continue my stay after June 13th 2014 when my H1B expires. Once I hear about my PERM is approved, I can get my I-140 filed in premium. I have following questions in this scenario:

 

1. If my B2 visa application is pending and if I receive PERM approval and later I-140 approval before B2 visa, can I apply for H1B extension based on approved I-140 and then withdraw my B2 visa application?

 

2. If I withdraw my application will it have any impact on my legal stay in USA post June 13th 2014? Will I be considered out of status from June 13th 2014 to the date when my B2 visa application is withdrawn?

 

3. Do I need to go out of USA to have my H1B stamped and come back to start work on new H1B since I previously applied for B2 visa?

 

4. Once I receive the receipt notice for my H1B extension after I-140 approval, can I start working immediately or need to wait until I receive H1B approval notice?

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Hello members,

 

My PERM priority date is December 13 2013 and max out on H1B is June 13th 2014. Currently DOL is processing November 22nd PERM applications and it seems in a week or two December cases will be processed. I have only 2 weeks before my H1B expires and I run out of options. Before I plan my exit from the country, I would like to confirm following path to continue my stay beyond my H1B expiry on June 13th.

 

I am planning to apply for B2 Visa sometime this week or next week to continue my stay after June 13th 2014 when my H1B expires. Once I hear about my PERM is approved, I can get my I-140 filed in premium. I have following questions in this scenario:

 

1. If my B2 visa application is pending and if I receive PERM approval and later I-140 approval before B2 visa, can I apply for H1B extension based on approved I-140 and then withdraw my B2 visa application?

 

2. If I withdraw my application will it have any impact on my legal stay in USA post June 13th 2014? Will I be considered out of status from June 13th 2014 to the date when my B2 visa application is withdrawn?

 

3. Do I need to go out of USA to have my H1B stamped and come back to start work on new H1B since I previously applied for B2 visa?

 

4. Once I receive the receipt notice for my H1B extension after I-140 approval, can I start working immediately or need to wait until I receive H1B approval notice?

1. Yes.

2. No. Alternatively you can exit and enter US with a valid H1B visa and I797 after extension approval.

3. Refer 3.

4. No, you need to wait for approval.

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