H1B to B2 Conversion

[GK_seekingadvise]

Hi - I got laid off a couple of days ago. My H1B was valid till Aug 2014 as is my I-94. I am on the payroll of the company till March 2013. Can you please let me know what are the steps for converting my H1B to a B2 tourist visa (without leaving the US)? I want to convert and stay in the US to look for a job. Which form do I need to file? Thank you.

[pontevecchio]

I539 USCIS. Do it fast. State your intention and show proof of money and state a date by which you will leave if a new H1 sponsor does not appear.

[t75]

He is laid off and out of status.

[GK_seekingadvise]

Great - thank you for your replies. Is it alright to state in the cover letter that I am requesting COS in order to look for another job? That is, will the reason for applying for a B2 visa to hunt for a job will not be looked upon unfavorably (and decrease my chances of getting a B2) will it? Thanks.

[pontevecchio]

It does not necessarily matter. Anecdotal evidence suggests they do make exceptions and do in some cases allow a COS to B2 even when out of status for a few days. Obviously once denied he has to leave.

[GK_seekingadvise]

Ok. Also, in this situation,which method should I use to file my application - the USCIS ELIS or E-File? Thank you.

[pontevecchio]

Consult the firm of Murthy or any of your choice and decide if you want to go ahead. There is no automatic guarantee of success. The idea is that if they deny it it takes a couple of months and if you get a new sponsor you should leave on H1 petition approval and come back with the visa.