If B2 is pending, can I leave the country?

[mt3]

Hi all,

i have been on unpaid leave since August 1st, 2009 and just found an employer who is willing to refile my H1b (they wouldnt do transfer as I do not have paystubs but do have employment verification from previous employer as I am still on their system, BUT not paid as I am on unpaid leave). My I94 and visa expires 9/30/2009 and I plan to change my status to B2 asking for extension to 10/20. If I leave before I hear from USCIS, is that ok? will that jeopardize my H1b or reentry later when my new employer gets approval?

thanks!!!

[txh1b]

Applying for a COS to B2 before your I-94 expires is a good idea IF you had been holding valid status now. As you are not holding a valid status and not getting paid, USCIS will consider your COS request to B2 to be fraudulent and deny it thereby giving you illegal stay since the date of I-94 expiry which could cause potential problems.