H1-B layoff - Change of status to B2


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I got laid off in June and had to switch from an H1-B to B2 visa. My I-539 for B2 visa change of status got approved. B2 visa approval has an end date of Jan 31st 2024. Now I have a new job offer, will the company be able to apply for my H1-B visa petition via premium processing?

Also, if the company applies for H1-B via premium processing and I end up getting the visa approval for the H1- B post Jan 31st, I ll have to leave the country. When I come back, do I need a new visa stamping even if I have a visa stamping from my previous employer till April 2024? 

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Your new company will be able to apply premium process for your H1b visa petition COS (change of status) from B2 to H1b.  However you can join your new employer only once the H1b gets approved (not on receipt notice).

Since you are coming back on the same H1b status, by April 2024, you will not need a new H1b visa as the status is same, however if you are entering US after April 2024, then you will have to go for stamping.  Good Luck.

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