vimalraj Posted September 20, 2011 Report Share Posted September 20, 2011 Dear all, I am currently on a H1B visa and will have finished 6 years in the next 4 months. I got my LC applied just a month ago. I also have a valid B1/B2 visa in my passport until 2016.My questions are 1, Can I switch from h1b to b2 visa status once my H1B expires? Do I need to travel outside the US and come back for the B2 to be good or can I get an I94 on the B2 here itself in the states? 2, Once my LC and I140 got approved say in 5 months after my H1b Expiry and I was on a B1/B2 I94 can I switch back to H1B right away and start working? Any help will be appreciated. Thanks Link to comment
redgreenbluee Posted September 21, 2011 Report Share Posted September 21, 2011 please consult a lawyer. switching H1 to B2 is possible. on B2, you cannot work with your employer. you are allowed to stay in the US while COS to B2 is being processed but if for some reason your COS to B2 got denied, you will have accrued unlawful presence retroactive to H1 expiration (not on denial date). why not leave the US, wait for your LC and I-140 approval and apply H1 extension, get H1 visa stamp and return to US to work for your employer? Originally posted by vimalraj: Dear all, I am currently on a H1B visa and will have finished 6 years in the next 4 months. I got my LC applied just a month ago. I also have a valid B1/B2 visa in my passport until 2016.My questions are 1, Can I switch from h1b to b2 visa status once my H1B expires? Do I need to travel outside the US and come back for the B2 to be good or can I get an I94 on the B2 here itself in the states? 2, Once my LC and I140 got approved say in 5 months after my H1b Expiry and I was on a B1/B2 I94 can I switch back to H1B right away and start working? Any help will be appreciated. Thanks Link to comment
vimalraj Posted September 22, 2011 Author Report Share Posted September 22, 2011 Thanks for your reply. I will definitely consult a lawyer. But as I already have a valid B2 visa I was wondering if I could change to B2 status immediately after expiration of my H1B. Appreciate your time. Link to comment
Joe.F Posted September 22, 2011 Report Share Posted September 22, 2011 A visa is an ENTRY document. It has no meaning while in the US. The I-94 specifies your status. If you want to change status to B2, you have to file an I-539. Link to comment
vimalraj Posted September 22, 2011 Author Report Share Posted September 22, 2011 That makes sense. Thanks for ur reply Link to comment
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