I will need immediate help please!!!
Here is my immigration case:
May 14th, 2012: I-797C, Notice of Action: I539 Application to Extend/Change Nonimmigrant Status (from H1B to B1) requested receipt received
May 16th, 2012: Official resigned day from my current H1B employer
May 30th, 2012: Last pay-check from H1B employer received
June 11th, 2012: University Admissions to MBA program acceptance letter
July 3rd, 2012: Final Interview in process for new H1B employer
Currently, I should be legally residing in the USA since I have filed the change of status (COS) before my resignation date, correct?. Unless the USCIS denies my application of change of status I should be lawfully staying in the USA during this period of COS, correct?
Question1: Should I cancel (withdraw) my current I539 application since I now can get my I-20 to get on F1 status? The school recommends that I leave the country with the I-20 and come back with the F-1 status since that is quicker than a change of status. (which is Consular Processing) Would there be any issues at the embassy if I leave the country with the I-20 despite the fact that I had initially filed I539 application and withdraw during my stay in the USA after I resigned from my H1B employer?
Question2: If a new employer hires me within the next month (before my B1 status change finalize) and is willing to petition the new H1B, would I simply cancel (withdraw) my current I539 application since I now can get my H1B petition in? Once the new H1B petition is in (should not be subject to quota) and a valid receipt of notice is received from the USCIS I should be able start work, correct? Would there be any issues with the new H1B petition since I had initially filed I539 application and withdraw during my stay in the USA after I resigned from my previous H1B employer?
Any advice will be greatly appreciated! or any confirmations, thank you very much!!