Change of status from H1B to B2-still processing after 10 months

Following is my current visa situation for reference.
My H1 Petition expired on march 21,2020. I am in my fifth year of H1 visa. I was in the process of transferring my visa ( filed in feb 2020 and got RFE) but due to lack of projects my employer has withdrawn my petition.My last day of employment was May 22 , 2020.
My last paycheck was on June 15th , 2020.
I filed for change of status I -539 to B 2 visa on May 21, 2020 and it’s still processing.
On November 6th , 202oI reapplied I 539 for B2… both applications are processing.
If I lwavw country before any verdict I will trigger USCIS will straight away go out of status for more than year. If I stay most likely it will be rejected. what should i do? consult lawyer? stay or leave. Imstill in US

If you leave the US, the time you spent while B2 applications were pending will still be counted as legal time.

Its better to leave and get H1B visa stamp outside the US amd then return again.

But lawyer tells me - since I 94 expired on 21 march 2020. and h1 transfer application withdrawn in august 2020. My B2 application on 21st May 2020 becomes invalid. (since bridging h1 transfer withdrawn )Making accured unlawful presence from 21 march 2020 till now. is that true. 2 lawyers said so till now. until im in US i can stay here since B2 is processing. but if i leave I will have problem.

It is possible that they deny your B2 since the underlying bridge application was withdrawn. That’s why it is important to leave the US and get new visa stamp outside the US.

1 Like

Yes. Working on it now. Thanks.