H1B to B1, B2 or F2


dgk26

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Hello,

I am currently in the US on H1B (since Jan 2010) but wish to quit my current job. My husband is on an F1. I would like to continue to stay in the country after I quit. My research told me that I can transfer my status to B1, B2, or F2 and continue to stay. Here are my questions:

1. How do I choose which is the best option for me?

2. Can I make the status change without leaving the country?

3. How long do status changes take?

4. If I find another job after I make the status change, can I transfer my old H1B or does the new company have to apply for a new H1B from the start?

I would appreciate a quick reply, as I need to make these decisions within a month.

Thanks!

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please consult a lawyer.

since you have a F1 spouse, the best option would be F2 since B1/2 will have a limit of 6 months.

your new employer can petition your H1, you will be cap exempt but you will only have less than 6 years on your H1 (time left on your current H1), to get a new 6 year H1 time, you need to be outside the US for at least a year and you will need to apply for new H1 subject to cap.

Originally posted by dgk26:

Hello,

I am currently in the US on H1B (since Jan 2010) but wish to quit my current job. My husband is on an F1. I would like to continue to stay in the country after I quit. My research told me that I can transfer my status to B1, B2, or F2 and continue to stay. Here are my questions:

1. How do I choose which is the best option for me?

2. Can I make the status change without leaving the country?

3. How long do status changes take?

4. If I find another job after I make the status change, can I transfer my old H1B or does the new company have to apply for a new H1B from the start?

I would appreciate a quick reply, as I need to make these decisions within a month.

Thanks!

Link to comment
Originally posted by dgk26:

Hello,

I am currently in the US on H1B (since Jan 2010) but wish to quit my current job. My husband is on an F1. I would like to continue to stay in the country after I quit. My research told me that I can transfer my status to B1, B2, or F2 and continue to stay. Here are my questions:

1. How do I choose which is the best option for me?

2. Can I make the status change without leaving the country?

3. How long do status changes take?

4. If I find another job after I make the status change, can I transfer my old H1B or does the new company have to apply for a new H1B from the start?

I would appreciate a quick reply, as I need to make these decisions within a month.

Thanks!

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