B2 to H1B Rejected- Need help

[amar27kar]

I came to USA on 10-Aug-2011 on my B2 visa to write my CPA(Certified Public Accountant) exam. In port of entry the immigration officer gave me the stamping till 10-Nov-2011. On 01-Nov-2011 i filed for my B2 visa extension, I got my I-94 till 26-Feb-2012. I found an employer and filed H1B petition in the month of SEP-2011. I got RFE in the month of JAN-2012, RFE should be replied on or before 21-APR-2012. My employer answered the RFE in the month of MAR-2012, with in 2 weeks i got the result and it got rejected on 20-MAR-2012. I traveled back to India on April,21-2012.

Am i legal till 21-April,2012 as per (RFE) or only till 20-Mar-2012 as per (H1B rejection date) ?

I am planning to visit USA on Business visa again, will there be any problem at port of entry?

Please help...

[raghvi]

Technically you were illegal from your I-94 expiry date till you left US i.e. from 26-FEB-2012 till 21-APR-2012. It is never advisable to do a B1/B2 to H1 COS due to these very issues. No one can predict what would be the Immigration Officer reaction when you visit back on seeing your case history, that too its hardly been 2 Months. They will surely like to know why you stayed here for over 8 Months when you visited last time. Worst case they may deport you back, best case you get I-94 with 6 Months validity, or they may give I-94 only for few weeks, all depends on the Officer. This is my opinion.