Quote:
Originally Posted by bentlebee
I read online that a lawyer stated that if you file both which is suppose to happen and you fill out that you are seeking to extend your visa due to filing for a green card that it will be denied due to the fact that your intend is to stay and not to move back which sounds strange to me since if you eligible to apply for a green card you will need to be honest.
So why would this lawyer be right and I don't want to doubt his statement but in the end it doesn't make sense if they make a form to extend a current H1B or E2 visa and than getting denied for the reason to apply for a green card?
Does anyone have any experience with this? Thanks in advance.
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Actually yes. Yes, I do have experience in this. Which is why I get snappy with your questions from time to time because I can see that you worry about impossibilities, hypotheticals and you're getting bad information from somewhere while occasionally refusing to accept a correct answer because it conflicts with something else you "heard".
An I-539 is a change of status from one non-immigrant class to another, or an extension of a current non-immigrant class, with intent to leave the U.S. at its expiration.
H1B is a dual intent class, which allows one to be in non-immigrant status with the intent to immigrate. An H1B requires an I-129 to be extended, not a 539.
H1B is its own ball of wax, but in with the L1s.
Attempting to stay in the US through the I-539 process (because your H1B is maxed out and you want to wait for your visa number to be current inside the US) shows that you have the intent to immigrate and are highly likely to violate the terms of your B2. If you attempt to appeal an I-539, the denial of that appeal will mean that the entire time you've been out of H1B status while pursuing B2 status will count as illegal presence. This will likely render you ineligible for an EB green card because INA245(k) only protects you for 180 days. Such an attempt is not considered "technical" and "through no fault of your own" for adjustment purposes.
As a side note, many people here have answered several of your questions concisely and clearly, yet you continue to pursue additional responses for issues that may or may not have anything to do with your needs. If you have no legitimate questions concerning a specific set of facts, are merely interested in the process itself, present various hypotheticals to elicit general conversation, want to talk to others in the same boat, read bad advice, then I'd encourage you to post on Y!A, Visajourney and AVVO as well. The sites have forums dedicated to random question and answer sessions, those who simply do not trust their own attorney's advice and those who want to complain about a specific office/officer/process.
Although, I'd caution you that you should only read any site for entertainment and refer all questions regarding your own status directly to an attorney.
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