QUESTION

If my H1-B is expired for 6 years, B2 COS is pending and I-140 approved, what is next?

Asked on Sep 30th, 2014 on Immigration - Texas
More details to this question:
6 years of H1-B quota was finished on 09/01/2014. B2 Change of Status (COS) was applied in time on 08/31/2014 online. In the mean time I-140 premium processing was on RFE to get all my job responsibilities to be included on all my previous employment letters. 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 approval? 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 cruising 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.
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1 ANSWER

Business Immigration Attorney serving Houston, TX at Quan Law Group, PLLC
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Based on what you have written here you may want to discuss filing for the H-1B 3-year extension immediately with your attorney. It may also be advisable to keep the B-2 on file so that you can show that you are in an authorized stay.
Answered on Oct 01st, 2014 at 10:54 AM

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