What a way to end the year

On November 15 INS received my application for extension of my B2 visa. The expiration date of my I-94 was Dec.3, 2002. On December 4, I received a job offer and my employer filed an H-1B Premium Procession petition to INS. Starting date for the job was January 2, 2003. On Monday Dec 30 INS requested further evidence, saying they could not issue an approval of the H-1B until the pending I-539 (application for extension of my B2) was approved. I called INS and they said they're on a backlog since December 4. They have too much paperwork and only a few people to process it. It may take them 60 or more days to make a decision on my extension. Then the H-1B will not be on Premium Processing any longer and it may take up to 2 months for them to decide my case. My prospective employer seems to be backing out. I consulted a lawyer and said I could go back to my country with an approved H-1B to get the stamp on my passport but it was a risky option since there were no guarantees I would be allowed to get back into the US. What a way to end this year. Happy New Year everybody. Any ideas ?

On November 15 INS received my application for extension of my B2 visa. The expiration date of my I-94 was Dec.3, 2002. On December 4, I received a job offer and my employer filed an H-1B Premium Procession petition to INS. Starting date for the job was January 2, 2003. On Monday Dec 30 INS requested further evidence, saying they could not issue an approval of the H-1B until the pending I-539 (application for extension of my B2) was approved. I called INS and they said they're on a backlog since December 4. They have too much paperwork and only a few people to process it. It may take them 60 or more days to make a decision on my extension. Then the H-1B will not be on Premium Processing any longer and it may take up to 2 months for them to decide my case. My prospective employer seems to be backing out. I consulted a lawyer and said I could go back to my country with an approved H-1B to get the stamp on my passport but it was a risky option since there were no guarantees I would be allowed to get back into the US. What a way to end this year. Happy New Year everybody. Any ideas ?

An H-1B petition adjudication has nothing to do with the extension of any visa -- in fact INS should adjudicate H-1B petitions even if the person is in the country illegally. Then s/he can always go back to her/his own country to apply for an H-1B visa stamp on her/his passport (provided that s/he has not been illegally for more than 6 months in the US.)

But yanno, INS can pretty much do whatever it wants...after all, didn't we lately heard that certain INS local offices are detaining people who have already applied for Adjustment of Status, hence being in a period of authorized stay by now -- well, the INS rationale was that they had ONCE UPON A TIME been here illegally, reason why they were detained and placed in deportation proceedings!!!!! Totally irresponsible and illogical!

I think you r wrong.
Switching to a H1B1 (a dual intent visa) requires a legal status while you are in USA.

I think your option going to your home country is viable. When they deny a petion on the consulate is when you have commited a crime/fraud, etc.

No I am not wrong - if you apply for a change of status (for instance from a visitor's to H-1B visa) you have to be in legal status --- but to be able to be adjudicated an H-1B petition -- which is totally a different thing from a Change of Status Application (from visa status B-2 to H-1B for instance) you do not have to prove your legal/illegal status to the INS. As I said, INS streches/narrows the laws as it likes to.

Happy New Year!