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B2 Change of Status to H1B pending period - lawful or unlawful presence?

公开 1 回答 H1B
Hi,

I have a question regarding H1B to B2 to H1B COS.

Two years ago I got my initial H1B and worked under H1B for 1 year, and I quit my job and returned home in Asia. I believe my H1B was suspended after I quit but I still have over 4 years remaining on the H1B.

Last year I came to the U.S. under B2 Visitor Visa and the B2 will expire in May this year. If I happen to find a job before my B2 expires in May, and my employer files for a H1B transfer for me since I already had H1B in the past, and a change of status from B2 to H1B.

Is it legal for me to stay in the U.S. between May (B2 expiration date) to the date the H1B transfer is approved? Should I file a B2 extension in order to maintain my legal status for the period when H1B transfer is pending approval?  Because the USCIS has announced that they will temporarily suspend premium processing for H1B starting on April 3rd this year, I'm afraid it'll likely take them over 6 months to process H1B petition under the regular processing.

Also does the Twenty-First Century Act H1B Portability apply to my situation? Do I have to be in H1B status to take advantage of the Act?

Thanks very much.

1个回答

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由于您的h1b transfer申请在pending过程中,您可以合法留在美国等待结果。您无需申请b2

 extension。

如果您还有其他的问题,欢迎随时致电800-685-NYIS (6947)
最新回答 8月 21, 2017 用户: Vera Su 律师

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