Can I have both H-1B and B2 visa at the same time?

[piscinepatel]

Hi,

I had a B2 (visitor visa) for 10 years that is valid till 2018. I got a H-1B in 2011 and then came to the US on H-1B in 2011. I just got to know today that I got laid off from my company. In this case, is my B2 visa still valid ? Can I apply for a change of status from H-1B to B2 ? Can I go out of country to Canada / Mexico and re-enter on B2 visa ?

Any information you can provide is very much appreciated.

[JoeF]

The visa doesn't mean anything while you are in the US. The visa is an entry document.

While in the US, you have a status, which is listed on the I-94 that you have in your passport.

You can of course file a change of status to B2.

[piscinepatel]

Thank you JoeF for your response. I was checking I-539 for change of status and in the instructions of that form, I see that people on H-1B status can not use that to file for a change of status. Do you know if there is any other way to do that ?

Thanks !!

[JoeF]

Thank you JoeF for your response. I was checking I-539 for change of status and in the instructions of that form, I see that people on H-1B status can not use that to file for a change of status. Do you know if there is any other way to do that ?

You read that wrong. Form I-539 can not be used to extend an H1 or to file for a COS to H1.

It is used for COS to other than H1.

[wiweq]

"I see that people on H-1B status can not use that to file for a change of status." => This is wrong. I have done H1b to F2/ H4 COS.

[piscinepatel]

Thanks for your responses, but I was reading the form instructions from here (http://www.uscis.gov/files/form/i-539instr.pdf) and I am quoting some sections from this document

Nonimmigrant Categories

This form may be used by the following nonimmigrants listed in alphabetical order

9. Dependents of an H, Temporary Worker

I am confused now with these statements.

Wiweq, have you done the COS recently ?

Thanks !!

[JoeF]

Thanks for your responses, but I was reading the form instructions from here (http://www.uscis.gov.../i-539instr.pdf) and I am quoting some sections from this document

Nonimmigrant Categories

This form may be used by the following nonimmigrants listed in alphabetical order

9. Dependents of an H, Temporary Worker

I am confused now with these statements.

Obviously...

From the form:

If you are filing for an extension/change of status as the dependent of an employee who is an H temporary worker, this application must be submitted with: ...

That's for people who file a COS to H4 or an H4 extension.

NOTE: An employer must file Form I-129 to request an extension/change to H1 status for an employee or prospective employee.

That for somebody who does a COS to H1 or an EOS of an H1.

None of this applies to you.

Section 3, B-1, Visitor for Business, or B-2, Visitor for Pleasure, applies to you.

[piscinepatel]

The way I was reading these instructions was that only dependents of H visa are allowed to use the form. But that may not be entirely accurate based on what you mentioned. I wish the form was a bit more clear in this regard.

Thanks so much for your help and I will keep this as one of the options in my current situation.