H1B to B1 on an existing B1 visa (change of status within US)

[ajaysharma]

Hey all,

There may be an unpleasant situation with my job on H1. Potential for layoff and I want to avoid being out of status (don't want to deal with the ugly gray area).

I already have a 10 year B1 visa stamped on my passport, and it was not revoked by USCIS on issuance of my H1. Would it be possible to do a change of status within the US and not having to go out? It gives me a few months to work out my options and make a smooth transition out of the country if required.

If it is possible, how long does it take and what is the process? I suppose if I have to do it personally, after all if I'm getting the boot unlikely my employer will help with it.

Thank you for your response,

(PS - if it requires hiring an attorney I will do so, but I'd like to get some advanced info on the timeline/implications)

[pontevecchio]

Your existing B1/B2 visa has no connection to getting a COS approved. As long as you apply for a COS to B2 with financial proof and a date by which you will leave the 2-3 months they take gives you leeway

[JoeF]

Form I-539 is for change of status.

The visa in your passport is irrelevant for that. You wouldn't need a visa for a COS. A visa is an entry document.

[ajaysharma]

Thank you both.