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

USA H1B
1

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.
2

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.

3

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

4

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

You need to file B2 using form i539.

5

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?

6

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

7

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.

8

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

9

Hi Anil,
Thank you so much for your response. My I-140 is approved after 6 years max out. now am in B2 with pending approval. i got RFE for h1b extension with approved I 140 and reason is B2 is pending. so my attorney wants to request them to approve my petition in Consular processing.

To get into payroll again, i need to exit the USA and re-enter again with new H1b stamping. My attorney is saying that President proclamation is not applicable to me as i was physically present in USA i.e. June 24 or at the time of proclamation effective date. Here my question is

  1. Can i get Dropbox appointment from US Consulate in India as am eligible for drop box appointment before 31st December 2020.
  2. As my H1b expired on 02-Jun-2020. how can i prove that i was physically present in USA at the time proclamation effective date i.e. 24th Jun-2020.?
  3. What are the pros and con if i exit from USA to get new H1b visa in India?
10
11

Hi, My attorneys applied H1B Extension on the last day of my i94 validity.
June 24th - i94 last date and on the same day i have received my i140 approval.
Attorneys filed H1B Extension on the same day and reached to USCIS the next day .
From june 25th onwards am on B2 Visa.

Currently upgraded my extension to premium and waiting for the results.
Would like to check, whether my case falls under B2-H1B COS or as i have filed on teh last day of i94 (which is still H1B status) ?

please suggest.

12

Hi Anil,
Thank you so much for your response.

My question is I was not in payroll since June 2,2020 and applied for B2 while my I-140 is pending. Now My I-140 and H1b is approved in consulate processing with same employer. Still I can use the H1b Employer details as my present employer,When am completing the DS-160 form for US Visa Application

i.e.

Primary Occupation :

Present Employer:

please suggest me.