Layoffs ==> B1/B2 ==> Back to H1B


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Hi all, so USCIS has clarified that people who were facing layoffs can move to B1/B2 before transferring to H1B (here's their tweet thread from the official account linked below)

However, the following is not clear- say someone files for a B1/B2 status. It usually takes 4-6 months for the approvals to come through. What if someone finds a job before that? Do they need to wait for B1/B2 approval to come through and then file for a change of status to H1B or can they file for H1B right away?

 

 

 

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  • 2 weeks later...

Generally, the H1B Petition can be filed with Change of Status requesting an immediate start date and including the explicit/specific details of the pending I539 for B1/B2 status, and asking USCIS to approve the I539 first and then the H1B to facilitate the smooth transition. One would want to include a copy of such a tweet with a request to change status to B1/B2.

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