H1-B change of status after 60-day grace period with B-1 petition pending

[rhf123]

Hello,

I was working on an approved H1-B petition which was valid until August 2022. Due to the current pandemic, my employment relationship was terminated and it has been more than 60 days since I stopped working. 

To ensure that I didn't accrue any illegal presence in the US, I applied for a COS to a B1 visa. I did this before the 60-day grace period ended and this petition is pending with the USCIS. 

I now have an offer for employment with another company and the attorneys are going over my case as we speak. Any inputs on the best way for me to transition back to an H1-B visa would be really helpful. Thank you!

[User099]

If you have a valid visa stamp right now, best way is to get a H1 petition approved and travel to the border and reenter on H1. You need to wait till the borders are open. Or wait for B2 to be approved and then file COS to H1 which can take for ever.

[rhf123]

Thank you for the response User099.

I do have a valid visa stamp but that is with a previous employer. If my new petition is approved, can I re-enter with the earlier visa stamp? Or do I need to get a new visa stamped (with my new employer) before re-entering?

[User099]

34 minutes ago, rhf123 said:

Thank you for the response User099.

I do have a valid visa stamp but that is with a previous employer. If my new petition is approved, can I re-enter with the earlier visa stamp? Or do I need to get a new visa stamped (with my new employer) before re-entering?

Old valid visa with the previous employer is good, you can show the new I797 with the current employer at POE and get an I94 based off on it. 

[JoeF]

If the existing visa stamp is valid you can enter with that and a copy of the new approval notice.

[rhf123]

Thank you for the responses @User099 and @JoeF. That helps!

Is there any implication of the H1-B travel ban that was imposed earlier this week? As per my understanding, the proclamation only applies to new visas being issued. Since I already have a valid visa, I should be good to travel out of the country with the old visa and new I-797 and enter back. Please let me know if I misunderstood something. 

[User099]

You have a valid visa on 6/24 so you are good. 

[deepthis]

Hello, my brother is in a similar situation. His 60 days are going to end. He has a valid visa stamp till September 2022. So if he converts to b1 and finds and employer to file H1b, will he still have to leave the country and come back? Please please help with your valuable replies. Thank you ! 

[rhf123]

On 6/25/2020 at 7:59 AM, rhf123 said:

Thank you for the responses @User099 and @JoeF. That helps!

Is there any implication of the H1-B travel ban that was imposed earlier this week? As per my understanding, the proclamation only applies to new visas being issued. Since I already have a valid visa, I should be good to travel out of the country with the old visa and new I-797 and enter back. Please let me know if I misunderstood something. 

@User099, @JoeF or any other experts here - could you please respond to this query? Thanks!