Jaxen

[newly saint]

I was just wondering if you can answer this question for one of my friend
who is going through tough time.

He is working on H1. His client has this policy not hire a contractor for
more than 12 month continuously due to legal reasons. Client is ready to
take him back after a gap of 6 months. Now, giving the current situation, he
is not able to find another client and his employer is asking him to leave
the country immediately (because otherwise he will have to fire him to avoid
liability) and come back after 6 months.

Now, this guy has a house, 2 cars and trying to sell things. Selling a house
takes little longer. Do you think he can apply for change of status to B-2
and stay here for 2-3 months, go back to India and come back on his existing
H1 ?
If it is possible and lets suppose he sends "change of status" petition to
INS, when will his status change to B-2, the day petition is received or
.....?

I will really appreaciate you help.

 

[jaxen]

Options...

I think that the change of status invalidates the previous H1 status.
However seems like as long as the H1 is valid and is not withdrawn by the employer, he should be able to come in H1 after a long stay outside US.

When applying for COS from one visa to another, you have to wait till INS\'s approval before taking the new status. In this case it might anywhere between 3-6 months.

If your friend does not leave by the time he is eligible to get the job again with the client, it will be better to get a new I94 by traveling out of US and coming back in H1. (That way he abandons the H1 to b2 and/or the b2 status)

Other option would be to find another employer for a while (h1 to H1) and return to original employer when conditions turn favorably.