H1B approved, B2 pending

[orangeKite]

Hello folks!

I looked long and hard but couldn't find any threads similar to my situation, so I am creating a new thread.

I lost my job and applied for B2, to stay legal and look for another job. After I got another offer, they filed for my visa, and my H1B was approved today but my B2 is still pending although a letter was sent to the USCIS to adjudicate my B2 and H1B simultaneously.

My new H1B was approved with I-94, so I don't need to exit the country before starting work. I want to know if my pending B2 will cause any issues with regard to my employment. Should I write to USCIS inquiring about the same? I do not want to withdraw B2, because I will be considered out of status for the 2 months I was unemployed. What are the possible outcomes in such a scenario?

Thanks.

[shervin143]

Search and read about the last action rule. If your B2 gets approved with a new I-94 and if it is effective after your H1B effective date, you will be in B2 status and you should not work for the H1B sponsor. In order to work, you should leave the country (return all the I-94s) and re-enter back in H1B visa/petition which will put you back into H1B status.

[orangeKite]

Thank you for the quick response!

Should I send a letter to USCIS to withdraw my B2?

Thanks.

[shervin143]

No. That will make you out of status for the 2 months.

Thank you for the quick response!

Should I send a letter to USCIS to withdraw my B2?

Thanks.