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H1b has expired while apply for extension, rentered B2
Hi,
I am a French citizen on H1b.
My H1b was to expire mid november. My employer applied for extension in August, it is still pending (non premium I assume) and takes Forever!
I made the mistake of travelling (contiguous islands, cruise, from and to NYC port) once my visa had expired (25 nov to 4th Dec)
In the port on my return, I reentered and explained the situation, the custom officer did ask me
"Are you still working for xxx ?" and told be we he will use my B2 visa (I had one before the h1b)
I reentered "fine" on a B2.
Now I just arrived in France for the holidays and I am to return to 15 Jan 2014
My extension is still initial review on USCIS but I think the company lawyer learned that I had travelled
and telling me this could really bad "Change of status", and I might be stuck in France for months whether
the application did actually get cancelled or if I have to wait to make it look "legit"
I'd like to have your opinion :
Did travelling and return on B2 could have really abandoned my application ?
Could I reenter on B2 while the visa extension is processed ? (My thought are, if it did not cancel, that I did it already, haha)
If not, is there an other way than B2 for me to go back to the US and wait ?
I am hoping the lawyer is being extra extra cautious and freaking out about the whole situation (my place(rent)/girlfriend/other stuff)
Thanks
I am a French citizen on H1b.
My H1b was to expire mid november. My employer applied for extension in August, it is still pending (non premium I assume) and takes Forever!
I made the mistake of travelling (contiguous islands, cruise, from and to NYC port) once my visa had expired (25 nov to 4th Dec)
In the port on my return, I reentered and explained the situation, the custom officer did ask me
"Are you still working for xxx ?" and told be we he will use my B2 visa (I had one before the h1b)
I reentered "fine" on a B2.
Now I just arrived in France for the holidays and I am to return to 15 Jan 2014
My extension is still initial review on USCIS but I think the company lawyer learned that I had travelled
and telling me this could really bad "Change of status", and I might be stuck in France for months whether
the application did actually get cancelled or if I have to wait to make it look "legit"
I'd like to have your opinion :
Did travelling and return on B2 could have really abandoned my application ?
Could I reenter on B2 while the visa extension is processed ? (My thought are, if it did not cancel, that I did it already, haha)
If not, is there an other way than B2 for me to go back to the US and wait ?
I am hoping the lawyer is being extra extra cautious and freaking out about the whole situation (my place(rent)/girlfriend/other stuff)
Thanks
