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Immigration Issues/B2 extension while H1 COS pending

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Question
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?

Answer
Edward,
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
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

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,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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