Voluntarily moving to B2 from H1b


US2india

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I have been working for US company from the past 5 years and decided to quit my job and panning to move back to India. My last is sept 8th, 2017 But I want to travel a little bit before I leave the country. Few questions I have are 

I guess I have 60 days to leave the country is that right?

Can I apply for a B2 visa and if so what kind of documentation is needed?  What is a realistic turn around time to get it approved?

I still have 2 years of my H1b left and I have also I-140 approved and its over 6 months since. Does any of it gets impacted if I move to B2?

Can I still comeback to the US down the line using the current H1b? My employer can confirmed that they will not be revoking my H1b or I-140.

Thanks for you inputs.

 

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The employer is required BY LAW to inform USCIS if you are no longer working there. That will result in H1 revocation. Are you telling us that the employer is going to break the law?

H1 revocation is irrelevant for your ability to get a cap-exempt H1.

But, getting a B2 is going to be nearly impossible, since the B2 does not allow immigration intent. You have shown immigration intent with the I-140.

 

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Visas are only obtained abroad. If you want to change status to B2, you must file a timely COS on form I-539 with a letter stating why and enclosing proof of your last day from work from the employer and a bank statement showing adequate funds and stating a rough itinerary. You should mail this in Mid August and by the time they decide you should have gone.

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My HR said that I will not have to go through the lottery system if I decide to come back again and said my remaining 2 years of H1b left will still be intact...

When I explicitly asked her about revocation of the H1b she said they will not revoke anything but did mention that they will inform USCIS that I am not longer employed with them. So I think I am confused with the terminology being used here...

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10 hours ago, US2india said:

 

My HR said that I will not have to go through the lottery system if I decide to come back again and said my remaining 2 years of H1b left will still be intact...

When I explicitly asked her about revocation of the H1b she said they will not revoke anything but did mention that they will inform USCIS that I am not longer employed with them. So I think I am confused with the terminology being used here...

A company can not revoke an H1. Only USCIS can do that. And USCIS will do that once they get informed by the company that the person is no longer working there. The company is required by law to inform USCIS.

But again, it is irrelevant for you. All that matters for you is that you can always, even with the H1 revoked, get the remaining 2 years (and more with the I-140) of cap-exempt H1. Simply forget about H1 revocation. It is irrelevant for you. It is just an administrative thing and has no effect on you or your ability to get a cap-exempt H1 in the future.

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