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SITUATION
I was working for X employer on an H1B (valid till Sep 15th 2014) until I quit the job on Sep 20th 2013. I received my last pay check, and it was cut on Sep 27th. But they had not sent in the paperwork to cancel my H1 until after Oct 1st.
I applied for a B2 visa on Sep 26th asking for 6 months under the pretext that I need time to get my affairs together as Ive lived here in the US for 9 years. And also so that I dont go out of status.
I was jobless for about 4 months.
EMPLOYER 'Y'
I found a potential employer Y who wants to hire me and transfer my H1B as of mid Feb 2014. Assuming my H1B is transferable.
GF AND GC
My gf who is a green card holder and having been going out for 5 years is willing to file paperwork but we dont want to rush things just to expedite for the GC.
COMPLICATION
Now this is when things go south. On Jan 27th I got a mail from USCIS rejecting my B2. Explanation is that I have had enough time to put things together as of jan 27th. They have given me 33 days to appeal it IF I think its legally unacceptable. If not I am out of status as per the day I receive the mail.
WHAT IM AWARE OF
I know that even if we file now although GC is current for F2A from my country, it will take about 3 months. I also know that if employer Y is willing to file H1B asap to transfer it but LCA will take 2 weeks and premium processing will take 2 weeks, 1 month ish in total.
I DONT WANT TO LEAVE THE COUNTRY
Question is:
1)Is my H1B transferable
2)Should I leave the country until my H1B transfer comes through and then come back (given that its transferable)
3)If I file for GC with gf under F2A will I be clocking out of status days.
4)Can I do an F1 asap so that I dont go out of status for now, and do an MBA class online or something (my friends have done this previously) and then switch to H1B?
WHAT ARE MY OPTIONS!!?? PLEASE HELP. thank you folks.
I was working for X employer on an H1B (valid till Sep 15th 2014) until I quit the job on Sep 20th 2013. I received my last pay check, and it was cut on Sep 27th. But they had not sent in the paperwork to cancel my H1 until after Oct 1st.
I applied for a B2 visa on Sep 26th asking for 6 months under the pretext that I need time to get my affairs together as Ive lived here in the US for 9 years. And also so that I dont go out of status.
I was jobless for about 4 months.
EMPLOYER 'Y'
I found a potential employer Y who wants to hire me and transfer my H1B as of mid Feb 2014. Assuming my H1B is transferable.
GF AND GC
My gf who is a green card holder and having been going out for 5 years is willing to file paperwork but we dont want to rush things just to expedite for the GC.
COMPLICATION
Now this is when things go south. On Jan 27th I got a mail from USCIS rejecting my B2. Explanation is that I have had enough time to put things together as of jan 27th. They have given me 33 days to appeal it IF I think its legally unacceptable. If not I am out of status as per the day I receive the mail.
WHAT IM AWARE OF
I know that even if we file now although GC is current for F2A from my country, it will take about 3 months. I also know that if employer Y is willing to file H1B asap to transfer it but LCA will take 2 weeks and premium processing will take 2 weeks, 1 month ish in total.
I DONT WANT TO LEAVE THE COUNTRY
Question is:
1)Is my H1B transferable
2)Should I leave the country until my H1B transfer comes through and then come back (given that its transferable)
3)If I file for GC with gf under F2A will I be clocking out of status days.
4)Can I do an F1 asap so that I dont go out of status for now, and do an MBA class online or something (my friends have done this previously) and then switch to H1B?
WHAT ARE MY OPTIONS!!?? PLEASE HELP. thank you folks.
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