H1b to B2 to H1b
Here is the timeline:
Filed my B2 cos on the 59th day after losing my job. Got a new job and company filed H1 PP in Feb along with the h4 for my family. Told the company the true scenario from the start and they understood the case and were cooperative. Got a biometrics RFE notice followed by the ASC appointment notice. Biometrics appointment was 38 days from the date my h1 petition was received by uscis. They completed the background check after two weeks and I got the approval a week later. H4’s were also approved. All this time, my B2 cos application remained inactive and there wasn’t a single update on it. After the h1 approval notice, I submitted a withdrawal request for the b2 cos as per advice of my lawyer. The logic behind this is that if the b2 cos approval does come through after the h1 approval, your I94 will also update to the latest approval which in this case would be b2. So you will have to leave the country and come back specifically on the h1, which again might cause issues at the port of entry.
Here is what I understand from all this:
- You can‘t predict anything when it comes to USCIS. They are just like any government organization in the world where every individual has its own way of thinking and doing their work.
- You are better placed for a b2 cos if your old h1 is active/not withdrawn through the process so if possible please ask your old company not to withdraw it. The logic in that is, in case your h1 gets approved and b2 cos application has to be withdrawn or is later denied or there are other issues, your old H1 I-94 dates would satisfy that bridge in the system. The I-94 dates are critical when deciding about whether to go through the b2 cos route are not.
- People who don’t have approved I-140’s are better placed for b2 cos since it doesn’t conflict with temporary stay intent of B2.
Feel free to reach out. Hope this helps. Good luck to everyone trying to swim through this messy swamp.