I-140 on RFE, H1-B Extension pending, should I change my status to B2 ?


m2k

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My I-140 (premium processing) is on RFE to get job responsibilities on the Employment Letters from my previous employers.

 

25th Aug 2014 was the H1-B expiry date (6 years), but we filed for H1-B extension premium processing to recapture 7 days until 1st Sep 2014 on 22nd Aug 2014. So that I can continue to work until this Friday 29th Aug 2014, since Monday, 1st Sep 2014 is a holiday.

 

In the meantime, I got the RFE for my I-140 on 25th Aug 2014, I was unable to reach out to all my previous emplyers to get those letters as required, which will take more time, one more week at least. To authorize my job responsibilities, many of my old managers are out of those companies and facing tough time from HR people to get my technical responsibilities on the employment letters. Many companies have changed the name or not reachable now.

 

Should I now change my status to B2 before this Friday 29th Aug 2014 ? What should be my best approach ?

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Applied Change of Status (COS) B2 on Sunday 31st Aug 2014 since ELIS USCIS system was down on Saturday 30th Aug 2014.

 

My 7 days H1B Extension got approved on 09/02/2014. Working on gathering all previous employment letters with my Job responsibilities mentioned along with role and tenure on the company letter head with address and undersignatory's role mentioned as requested through the I-140 RFE.

 

Since I-140 is on premium processing, decision will be made within 15 calendar days once these requested letters are submitted. Is it possible to apply for 3 year H1 extension depending on I-140's approval before B2's approval ?

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Applied Change of Status (COS) B2 on Sunday 31st Aug 2014 since ELIS USCIS system was down on Saturday 30th Aug 2014.

 

My 7 days H1B Extension got approved on 09/02/2014. Working on gathering all previous employment letters with my Job responsibilities mentioned along with role and tenure on the company letter head with address and undersignatory's role mentioned as requested through the I-140 RFE.

 

Since I-140 is on premium processing, decision will be made within 15 calendar days once these requested letters are submitted. Is it possible to apply for 3 year H1 extension depending on I-140's approval before B2's approval ?

Once I-140 is approved then employer can file an extension petition. Once approved request for withdrawal of COS to B2 petition. If unable to do so then exit and enter US with a valid H1B visa and I797. Doing so your COS to B2 will be considered abandoned.

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  • 4 weeks later...

It took until 09/08/2014 to contact and gather all my previous employment letters with my job responsibilities mentioned excluding one US employer who was not reachable since out of country. Another two companies declined to provide such letter since it is not possible for them to contact my managers to confirm my job responsibilities. We presented those emails as proof.

 

After submitting these letters to attorney, they have taken another week to prepare the answer to the RFE and finally it was mailed on 09/15/2014. Attorney office had received the approval e-mail notification of I-140 on 09/23/2014, I was told so when I contacted them next day to get an update since it was more than one week.

 

Here are the facts:

 

1. 6 Year of my H1-B quota has been completely used.

2. B2 filed online in time before the expiry of H1 has been accepted but still pending review since last one month.

3. I-140 got approved after responding to the RFE.

 

Please suggest me what should be the best way to proceed with my 3 year H1-B based on I-140 approval:

 

1. Should I withdraw the B2 application ? in that case what will be my status ? Because my H1-B expired on 9/1/2014.

2. After the approval of withdrawing of B2 application, is it possible to apply for H1-B extension based on I-140 aproval ? Please note my h1-b expired on 9/1/2014, can this be called extension ? or is it going to be new H1-B based on I-140 ?

3. Is B2 approval necessary to file for H1-B based on I-140 approval ?

4. If B2 approval takes 3 months, is it possible for me to go on a crusing and to re-enter US with I-94 on my passport ?

5. Alternatively should I leave the country to canada or some other country and is it possible to come back to US on B2 visa (I have multiple entry B1/B2 visa for 10 years) ?

6. While now my B2 application is pending review, is it possible for me to visit Niagara falls on the canadian side and can I come back to US ? How it will be handled ? Will I get I-84 on my passport and my B2 application pending review will become void ?

 

Please suggest me the best course of action so that I can get back to work on H1-B based on I-140's approval ?

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  • 3 months later...

Brief Summary of what happened in last 5 months:

1. I-140 was applied on premium processing before the expiry of my H1-B in Aug 2014.

2. RFE was received on I-140 to get some previous employer letters.

3. H1-B got expired but Change of Status to B2 was applied in time on 08/31/2014.

4. I-140 RFE was answered and got the approval in Sep 2014.

5. Change of Status to B2 was approved on 12/01/2014 (It took exactly 3 months). and has been approved until Mar 1st 2015.

6. When client was approached for filing my 3 year H1-B quota based on I-140 approval, I was told that my project will not be extended, hence I am now on Job market to find new project.

Please advise me:

1. Is it possible to file for my 3 year H1-B based on I-140's approval without any client's letter?

2. If I don't find a new project before the expiry date of my B2 visa on Mar 1st 2015, what are my options ?

3. Is it possible to extend my B2 status ? for how long ? If so will it again take 3 months for processing ?

4. Please suggest me the best course of actions for my above situation.

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