I just need to clarify my understanding, so we can apply B2 in order to stay in the U.S. if I-140 is denied before 9/30. Will B2 be approved?
-B2 may not be practical if you file I-140 due to immigration intent. But if you only file PERM, then it may be OK for B2 application. One choice is that you may leave US before the h1 expires and then, after I-140 is approved, your employer can file h1 petition for another 3 years and then, you can apply for the h1 visa to come back. Another choice is you may change your status to F1 before I-140 filing and before the h1 expires, and then, ask the employer to file I-140 after PERM is approved, and then, you can change yoru status to H1 and extend it for 3 years at the same time.
Of course, if your Canadian citizen, you may just change your status to TN before your H1 expires.
So if our B2 is expired after 6 months, can we apply a new H1B within these 6 months so we can stay another H1B first three years?
-Yes if your I-140 is approved. You can change your B2 to H1 and extend it for 3 years at the same time in this case.
