Angel

Hi:

I have a rather strange H-1B case. I was wondering if anyone can offer
any advice.

I'm currently working in the US on a J-1, with a year and a half left.
I recently submitted a H-1B application through my current employer.

I was told that the H-1B application would take about a month
(non-premium application). Boy, was I wrong? I waited for more than
three months and heard nothing.

Since I do not have the two-year home residence requirement and the
process was taking so long, I decided to cancel the application and
stay with J-1. I am not really 100% sure at this point if I want to
stay in the US a year and a half from now.

I asked my employer to write a note to the regional service center to
cancel my application.

The strangest thing happened. One day after the cancellation request
was sent out, I phoned the automated line to check my application (I
just had a 6th sense). They approved my application. I have yet to
receive the application, but it's in the mail.

Immediately, I asked my employer to send out another notice to
"uncancel" the cancellation request.

The two letters (cancellation and uncancellation requests) should
arrive back-to-back or simulataneously.

I phoned BCIS if the two letters would cancel each other or they would
cancel my application (therefore cancelling my H-1B approval). They
had no idea, and told me it's up to the officer looking at the case.

In retrospect, I was kind of stupid. I should have done nothing.

The worst case scenario is that my H-1B would be considered invalid
and I'll be out of status. What would the consequences be if I were to
re-apply for a J-1 or H-1B having been out of status?

If I continue to work being out of status, how grave are the
consequences? If it's less than 180 days, I should be ok?

Any advice would be appreciated.

Angel