I have a general question about H-1B six-year rule.
My case is like this:
H1-B : 2000 Jan - 2002 June (used 2.5 years)
Laid off in June 2002. Petitioned to change to F-2 immediately.
Pending Change Of Status COS from 2002 June - Approval 2003 June.
F-2 : Approval 2003 June - Now
Since I find a new job now and I assume I still have 3.5 years left on H-1B, so I petitioned for another 3 years of H-1B. However, the officer on the case said that during my COS Pending days from H-1 to F-2, I was still considered on H-1 status thus I have used in effect 3.5 years, not 2.5 years. And so he could only grant my current H-1B for 2.5 years.
I am confused about his judgement. Because clearly from June 2002 beyond, I did not even get paid by the company. So how could he justify I am still considered in H1 and thus be using H-1 clock?
Is it the general case that when a case is pending, I am still considered using the previous status?
Thanks for your time!
Best Regards,
Jack Fang