My friends, I need your help.
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?
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.
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.