After applying COS from H1b to B2, do i go out of US to get H1B if I140 is approved?

Hi Anil,

I have some questions regarding COS from H1b to B2. Currently my H1b 6 years will be expire on 02-June-2020. My I-140 petition is pending with USCIS. if i apply for COS from H1b to b2 before I94 Expiry.

  1. after applying COS from H1b to B2, if my I140 is approved. i need to go back to India for H1b stamping to continue work in USA?
  2. if COS B2 is denied, what are the consequences i need to face/ is there any impact on my future Visa stampings.
  3. After B2 is approved, then only i can apply for H1b extension with I140 approval.

You can file B2 to H1B COS again if you are in US and i140 is approved.

If B2 is denied, then you would need to leave US immediately.

You can apply H1B COS if B2 is pending or approved.

Hi Anil,

Thank you so much. I applied I 140 @ Nebraska . my petition received on 06-Apr-2020. till now i did n’t receive my Receipt from USISC. What will be the reason?
And one more question, how many days before my H1b expiry, i can apply for COS from H1b to B2 ?. .and please suggest me what are the documents need to submit for COS H1b to B2. Thank you

You can file B2 COS anytime before your current status expiry.

You need to file B2 using form i539.

HI Anil,

Thanks for your reply .If my B2 application is pending with USCIS, can i apply for H1b extension with I140 approval in premium process?

Legally, you can apply but as you stack one application over other, you complicate cases and then your status will be complicated too.

Hi anil,

Thanks for your reply…

Is it possible to get an approval ( Premium/normal) of H1b extension with I140 approval before B2 is approved/ denied? . Can you please answer my query. Thank you so much for your suggestions.

How can i guess as to when will each application will be approved? It depends on USCIS speed and availability of premium processing.