Travel to US while B2 Change of Status application is submitted

[Kunal Girdhar]

Hello Team,

I am on L1B VISA which is valid till 06/30/19, but since I got fired from my current company so just to keep my stay in US I have applied for B2 and then afterwards plan is to apply for F1. 

My B2 application is in process but meanwhile my father got expired and I have to travel back to INDIA. Now I am in INDIA and want to go back to US.

Is my situation make me eligible to back to US now ?

Will my B2 application for change of status be still active ?

or will my L1B visa be still active which can allow me to go back to US even though I do not have the Job from my previous employer ?

 

Kindly advise

Thanks,

Kunal

 

[Provence]

Sorry for your loss. 

Your COS was void the day you exited the US. Since you're no longer in the US, there is no status to change. A b2 attempt just to stay in the US is considered frivolous, and borderline fraudulent. And unfortunately, without a job, you have no right to be in the US. 

You decide what you intend to do next. If you really wish to study in a decent school in the US, you could apply for an F1 visa. Getting into a decent university is a months-long process and can't be done on a whim. And without a job, you can't return to the US. Perhaps a job in India where you have permission to work without any need for a visa? 

[JoeF]

Any change of status is abandoned as soon as you leave the country because by definition you only have a status while in the US.

You can not use the L1 visa because you don't have the job anymore.

You would have to apply for a B2 visa to be able to travel to the US.

[xTDx]

2 hours ago, Kunal Girdhar said:

Will my B2 application for change of status be still active ?

 

No, it was abandoned as soon as you left US.  COS means change of status, when you are not in US, you have no status to change it to B2. Your L1 job is gone, you cannot use the L1 visa unless you have a valid job and approval notice.

You can apply for F1 or B2 if you may wish and come back to US.

[Kunal Girdhar]

Thanks all for the response.

Thought the same but always good to have more sense to come from few people.

Yeah I am applying for F1 to do a comeback, I do have a Job in INDIA now but somehow mind makeup is very difficult to get adjust back in here.

Lets see what future will show me 🙂

 

Thanks to all once again

 

[xTDx]

Good Luck.