If your change of status to B-2 is denied, but your H-1B petition is approved, you will have to go abroad to obtain an H-1B visa. Please see
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Yes! A denial of your COS to B2 will render you unable to change status to H-1B in the US. Make sure to immediately hire the best immigration attorney money can buy to deal with this RFE forthwith. You will otherwise be compelled to depart and seek consular processing of your H-1B if and when approved by USCIS. Depending where that consulate is, you could be slapped with "administrative processing" the euphemism for security name checks which can easily ground you at home for 7-8 months (think Hindustan or better yet, Pakistan). By the time the dust finally settles you "employer" might want you no more, don't you think?
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Yes. Unless the intervening B-2 COS is approved, the H-1B COS will not be approve don the second petition and you will have to depart the US to obtain a new visa, assuming the H-1B Petition is approved.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.