I have a h1b which will be ending soon and perm process is under aduit and do not have 365days to request 1 yr extension of h1b(7th year extension). just shy by couple of days to a month. can i apply for COS to B1/B2 ( I know that I cannot work) before H1b expiration and then company files for h1b when 365 day mark comes up? The bvisa application will be withdrawn once h1b is approved? So to cover in between 30 days, apply for B1 COS and then apply for h1-premium process (at this time b1 is still under process) and cancel b1 status as soon as h1 approval is received. The company is planning to file h1b even before b1 cos is processed/determined. And have h1 premium processed. in this case would uscis wait for b1 to be processed before approving h1? Is this technically possible to do and a safe route? does anyone see any issues with it?
Is there no time that you can recapture based on your travels outside country? I mean are you counting only the days lived inside US on H-1 for your 6 year limit.
Let’s assume your 6 year cap is being reached on Nov 30 and B-1 COS is filed on Nov 15. Later, H-1 extension is filed on Dec 15 and soon after B-1 COS is withdrawn. You should check w/ your attorney if your stay b/w Nov 30 and Dec 15 still remain legal. Other than that I don’t see any other issues.
Another option is to leave US for a vacation etc, and then return after H-1 extension has been approved under premium.