COS H1B -> B2 ->H1B pending legal or illegal stay?

[NYC16]

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.

[upnorth85]

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.

B1/B2 are the worst type of visa's to overstay or to extend. It is not worth the risk. From B1/B2 even an F1 is not an option because you have to maintain independent legal status in the US. Only time it works is from H4 to F1 or H4 to H1B.

[NYC16]

B1/B2 are the worst type of visa's to overstay or to extend. It is not worth the risk. From B1/B2 even an F1 is not an option because you have to maintain independent legal status in the US. Only time it works is from H4 to F1 or H4 to H1B.

Could someone please answer the question I asked in my original post: Is it legal for me to stay in the U.S. between May (B2 expiration date) to the date the H1B transfer is approved as the transfer is pending approval?

Thanks!

[raghvi]

Could someone please answer the question I asked in my original post: Is it legal for me to stay in the U.S. between May (B2 expiration date) to the date the H1B transfer is approved as the transfer is pending approval?

Thanks!

It may not be illegal, but you cannot work while H1 is pending approval. Plan for your medical insurance as well as living expenses accordingly.

This is my opinion not legal advice.