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Immigration Issues/B2 extension while H1 COS pending


Hi. I came to the U.S. last Mar 5,2008 under b2 visitor visa and was given 6 months stay till Sept4, 2008.
A firm offered to petition me for H1 visa and we filed the petition last April 2008. Luckily,my petition was selected in  the lottery with receipt notice dated May6. Also, to fill the gap, we also filed for B2 extension and got the receipt notice dated May2. What is the impact on my petitions as far as last action rule and my legal status is concerned?

It is a risk you take if your B2 is not approved.  Then your H1B change of status component would not be approved.  In similar cases we have seen it be approved provided your H1B application had mentioned the pending B1 extension.  
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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