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gforgemini

Change of status from H1 to Visitor

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I am completing my 6 years of H1B in September this year and my employer is working on applying GC before that time.

 

My questions are:

 

1. Can I apply COS from H1 to Visitor Visa to visitor visa to remain in US instead of leaving the country? 

 

2. If so, by when I should apply for COS?

 

3. Do I have to leave the US for getting the visa stamp in my passport or Can I stay here in US with just the approval?

 

4. After clearing the labor approval, Can I switch back to H1 from Visitor visa?

 

Please let me know the pros and cons of this situation.

 

Thanks much in advance for your advice.

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I am completing my 6 years of H1B in September this year and my employer is working on applying GC before that time.

 

My questions are:

 

1. Can I apply COS from H1 to Visitor Visa to visitor visa to remain in US instead of leaving the country? 

 

2. If so, by when I should apply for COS?

 

3. Do I have to leave the US for getting the visa stamp in my passport or Can I stay here in US with just the approval?

 

4. After clearing the labor approval, Can I switch back to H1 from Visitor visa?

 

Please let me know the pros and cons of this situation.

 

Thanks much in advance for your advice.

1. Yes. But, good suggestion is to leave US.

2. Before your last day with current employer i.e. whenever your 6 years stay on H1B is complete.

3. No need for visa stamping if your COS to B2 is approved.

4. Have a week or two to recapture so that employer can file for H1B extension based on approved PERM.

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