HI-B Revoked- Applying for B2

[vpknox]

My H1-B will be revoked on July 19. I will be out of status from then.

 

My only option in this short time is to

 

Change my H1-B status to B2.

 

I have following questions regarding my status change.

 

1. Will  I will be legally authorised to stay in US once I receive recipt for B2? (couple days from applied date)

 

2. If I find an employer that is willing to sponsor me in a week from I applied to B2, is it possible to apply for H1 immediately?

 

3. If so how long it takes approximately for my approval? (can I use premium)

 

4. I understood that I have to find an employer to sponsor me before my B2 is approved (or during pending).

 

 

what are all the legal risks involved in this?

 

any other options that I can choose based on all your experience?

[pontevecchio]

1. In the interim,YES until they decide.

 

2. Yes. But most likely you will need to leave and come back with a valid visa and the H1 approval.

 

3. No PP for B2. 2-3 months .

 

4. You understand wrong.

 

 

The idea of changing status to B2 is to maintain status here and give yourself a couple of more months to get a new job and then leave and come back with the visa. This is best done via a Lawyer as the slim chances of acceptance may be improved and you may actually get a EOS for 6 months which is obviously better for you.

[vpknox]

 

The idea of changing status to B2 is to maintain status here and give yourself a couple of more months to get a new job and then leave and come back with the visa. This is best done via a Lawyer as the slim chances of acceptance may be improved and you may actually get a EOS for 6 months which is obviously better for you.

 

What is EOS?

 

During the process time for my H1B (2-3 months), Can I able to start working for the employer with my recipt?

[pontevecchio]

You cannot start work on receipt if it is after July,19. By EOS I mean the slim chances of getting a B2 status for potentially 6 months.

[vpknox]

So do I have to wait for the petition approval inorder to start working?

[pontevecchio]

You have to first apply for a COS to B2 which keeps you legal in the interim until they decide. You have to in the meanwhile get a H1 petition approved through another employer. That may include the  i94 OR IT MAY NOT. if THERE IS NO i94 YOU LEAVE AND COME BACK WITH THE VISA. yOU CANNOT START ANY WORK NOW ON ANY RECEIPT.

[pontevecchio]

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