switch H1 to B visa

I

ilcalif

New Member
Hello:
I am currently working in the US on a H1 B visa. My company is being bought out. My understanding is that I will be out of status if I loose my job. As a precaution, can I be switched to a different visa (B visa)? If yes, how long will it take? If I need to return on a H1 visa later on, do I have to go back to my country or can I do the switch while in the US. Thanks
 
Yes, you will lose your status if you do a h1. You can do a H to B visa. And then you can do a B to H later if you do not want to go to home country to get new H visa stamp .In order to start working on H1 you need to get the H1 approval (portability will not work)
 
URGENT: H1B to B1/B2 (Visitor visa)

In addition to the above questions, I have following queries. Would appreciate if anyone can help me with this.

1. My H1B is expiring on April 30th. Is it too late to get visitor's visa.

2. If I get visitor's visa, does that mean that I lose my H1B visa status? Can a person hold H1B & B1/B2 (visitor's visa) at the same time ?

3. Any idea on how much time does it take to get visitor's visa?

4. Do you know where I have to send the paper work for this and what are the documents that I need to send?

I would really appreciate if some one can answer my queries at the earliest. It's SOS !!
 
Re: URGENT: H1B to B1/B2 (Visitor visa)

Originally posted by bum
In addition to the above questions, I have following queries. Would appreciate if anyone can help me with this.

1. My H1B is expiring on April 30th. Is it too late to get visitor's visa.

2. If I get visitor's visa, does that mean that I lose my H1B visa status? Can a person hold H1B & B1/B2 (visitor's visa) at the same time ?

3. Any idea on how much time does it take to get visitor's visa?

4. Do you know where I have to send the paper work for this and what are the documents that I need to send?

I would really appreciate if some one can answer my queries at the earliest. It's SOS !!
Click to expand...

1. As long as you file and get a receipt notice dated BEFORE april 30 you are OK.
2. You lose H1 status on April 30. You cannot hold more than 1 status at a time. ALso you CANNOT work after April 30 without a new H1 or H1 extension petition.
3. It can take more than 6 months for BCIS to approve/deny your B2 application. You can stay in the US while the application is pending (but cannot travel outside of US).
4. You need to file I-539, "Application to extend/change non-immigrant status". See instructions for documents required. There is a fee of $140.

Are you losing your job on April 30?
 
Some more queries...

Thanks for your inputs. Really appreciate that. But have some more queries....

What if I decide to leave US and go back to India after I have filed for my B2 visas. Assuming that I don't get any notice regarding Accepting/Denying of my application can I take that chance. Also since I would have sent my original I-94 along with my application, will it create any problem while leaving for India during that period and also in future if I decide to come back ???

I hope someone can answer this ?

Thanks!
 
no problem in abandoning a change of status by goinf out of US as long as you are not relying on the previous visa or the applied visa to get back to US.
DOnt have to send original I94. Always have the original I94 with you.
 
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