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Thread: H1B to B2 (change of status)

  1. #1

    Exclamation H1B to B2 (change of status)


    I am on a H1B visa and got laid off due to Covid-19 situation. I am currently in the 60 day grace period of H1B post lay-off.

    Due to the lack of flights, Is it possible to convert my H1B to B2 visa so that I can maintain legal status until I fly out of the country?

    Can I apply for change of status from H1B to B2 on my own? (As I do not have an employer)

    Could someone please explain the process? I am very concerned as I do not want to incur illegal status and ruin my hard work for all these years!

    Thank you.

  2. #2
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  3. #3
    Bharath, if you are laid off while on H1B, my first suggestion is to switch to a new job with same employer(H1B amendment) or change employer (with any good consultancy of it is easy) entirely and apply for H1B transfer in premium. It will be approved in 15 days and you can continue working just fine.

    Switching to B2 should be your very last option.
    For this, you can file for B2 by filling i539 application online. You may mention you need B2 status because you are unable to travel to home country due to current extraordinary circumstances of covid and will leave the country as soon as things get settled down with transportation. You have earned sufficient funds to support your expenses during this time.
    Take care. I hope situation get better for you. ✨

  4. #4
    Candidate will be filing I 539 form not the employer. You can stay just by applying for it - no need to wait for result

  5. #5
    Hi Bharat

    Pl contact me at below email for change of employer

  6. #6
    Hi - I was in a similar position. As others have mentioned, the best option is to do a transfer but I fully get how tough it may be to find a job - and one willing to sponsor. You can file a change of status yourself, I consulted w a few different attorneys and a couple of them told me not to waste money retaining an attorney, you can do it yourself online (recommended you also FedEx a paper copy). Finally, you can wait till the absolute end of your 60 day period to file the COS so you can continue pursuing a transfer in the meantime.The reason is - once you file a COS, you cannot do an H1B transfer anymore since your status is technically in limbo. So if you file for a COS and then get a job, your only option at that point is to file for a new H1B, which due to the current climate and changes is not feasible. I hope this helps, good luck.

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