H1B Mistakenly Extended - Cannot be Transferred and No Longer Valid. Help!

[UnluckyH1B]

Hello All - I hope someone can help and give me some insight (THANKS in advance!)

I am Canadian and had TN visa several times before Employer A got a H1B for me in 2008 and extended again in 2011 (expiry 2014). During 2013, Employer B transferred the H1B and got approved notice to 2016. I was surprise and asked if that is correct as I thought my visa is only good until 2014, but I was assured that everything is fine since the case is approved. So I thought perhaps you get 3 yrs with new employer.

Recently I got offer with Employer C and since the TN visa is now 3 yrs I went to the border. Long behold got denied as they said the position is too senior and demonstrate more supervisory duty. I was allowed back to US under my H1B status as my final date with Employer B is still valid and got the I94 until 2016. Employer C then try premium processing to transfer the H1B. Long behold, the attorney find out Employer B transfer application in 2013 misstated the H1B status date as 2011 instead of 2008. Therefore they were able to get the case approved for 2016. However, to transfer it is not an option as the history would flag that as oversight and would most certainly not get approved.

At this point Employer C has no option but to retract the offer. I am without any valid visa to work or to stay in US. What options do I have? Can I apply for F1? My boyfriend is on E3 but he actually got the Green Card Lottery and already went for interview. So I don't want us to get married in a rush and jeopardize his case.

Any help out there is MUCH MUCH Appreciated.

[kabkaba]

Unfortunately, you are out of status and must leave the US.

[UnluckyH1B]

Spoke with the Attorney; suggestions is to get married ASAP (in 2 days) and send AOS to KCC on Wednesday. My boyfriend's RFE interview is actually Friday so the attorney would come with us and try to convince the officer to not to judicate the case yet until the AOS from KCC receipt is received. The advice is that if the officer refuse his case would still proceed and we will go on F2A process and takes longer.

It was a lot to take in but we do realized that we want to get married! Just a matter of time. So we do want to take a chance, hoping some of you have answer to our concerns:

1) If we get the okay from the officer - does this mean my boyfriend's case is push back and risk the chance not being process prior to Sept 30?
2) If we get the not okay from the officer - would this in anyway negatively affect his case? He went in for his first interview last week and he was asked if he is married but at the time obviously none of this has happened so he said "No".
3) Would it be better if we try to speak with the officer on Monday regarding the timing of the marriage? i.e asked him if he would recommend us to wait?

Thanks again ~ I really appreciate the support!