Hi , I was on an H1B visa and I filed a COS petition to B2 after I learned I was losing my job. Now I have a company willing file a camp exempt H1B petition. I am receiving conflicting advice.The HR person is asking me to withdraw the H1B to B2 so they can file the new H1B as to avoid a situation in which the H1B to B2 petition will be approved after their H1B thus reverting me to B2. The lawyer who filed my COS is saying that USCIS will no make a decision on the new H1B until the existing B2 petition has been adjudicated, and after a decision has been made on that will they make a decision on the H1B ,so there is no need to withdraw the initial COS petition, he also mentioned that if i withdraw it would mean i would have been out of status for the period of my last employment date to now,
It would be nice to know the date that the COS application was filed so that we know how close it is to being reviewed. That being said, if the cos has been pending for 30 days or more, I would file case using the premium processing unit and place a copy of the COS application with the receipt notice in with the H-1B petition and explain in the cover letter that there is a pending COS application that needs to be approved so that the subsequent H-1B can be approved. Once we have been notified by premium processing that the case has been logged in and that the case is with an officer, we call the premium processing unit and explain it again so that they make sure that the pending cos is adjudicated. Once the COS is approved, the officer can approve the H-1B and issue the subsequent approval notice.
The HR person may be concerned with the issue of "bridging" status. These issues do deserve consideration and it would be a good idea for you to discuss them with the attorney and the HR person at the same time so everyone is on the same page.
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