Q: Had H1b (4 yrs) and transferred to B2 and it expired April 10. Got a new job. LCA waiting. There is gap. Need advice!!
I had H1b visa for four years and got laid off. I switched to B2 visa. I got a new job but my B2 expired April 10. The whole time I thought I was waiting on my H1b transfer and so I never applied for my B2 extension. I found out yesterday that the lawyer is waiting for the Labor Certification to be approved by the Department of Labor which she applied last week. The company had not signed one paper and so the process got delayed.
The lawyer says she can not apply for H1b transfer unless she has my I94 for my B2 (I have the receipt # but no I94) and proof of my B2 extension.
I have a gap now. April 2 to now. What can I do?
A: You need to retain counsel who must review all of the paperwork. I have received approvals for a gap of 15 months.
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