Question about B VISA COS from H1B

USA H1B Visa
1

My friends, I need your help.
Question:
My B VISA is pending over 6 month. If it approve tomorrow, will I get a B VISA I-94 for 6 month from approved date (Apr.5 to Oct.5)? Or USCIS will back-date my B VISA I-94 from the date I submitted application?

Background:
My H1B expired while I was waiting for PERM and I-140 on Oct.2022. I had to quit my job, and transfer to B VISA.
Timeline:
Sep.20.2022 submit B VISA transfer;
Oct.16.2022 H1B expire;
Nov.25.2022 USCIS Office figureprint for B VISA
Now it is April.2023, my B VISA transfer is still pending, no news for PERM.

Company lawyer told me I could stay in US and wait, my friend’s lawyer said I have to leave by Apr.2023 since Oct.16.2022 + 6 month.
I am wondering if USCIS backdate the B VISA, so even I get my B VISA approved, the I797A will only have an expired I-94? Should I depart from US as soon as possible? I already stay in US with B VISA pending for 6 months, I am afraid I won’t be able to get any new VISA back to US.

Thank you my friends.

2

Yes, your B2 will be approved starting the expiry of H1B, otherwise you will be out of status starting the expiry of H1B till your B2 is approved.

You may file extension for B2 before your 6 months wait expires to make sure you dont fall out of status.

It is better to leave the US and come back once your I-140 is approved.

You may consult another lawyer like Reddy and Neumann online and take a 2nd opinion.
Note that I am not associated with them in anyways nor do I work for them.

1 Like
3

Thanks for your knowledge. I will check with other lawyers.
Have a nice day.