H1-B to B2

[ioni6693]

Hello,

My H1-B will be withdrawn by my employer this week ( non profit cap exempt). I understand the minute I am not on the payroll I'll be out of status.

 

I have some things to wrap up (take care of a J-1 waiver pending at DOS) and I will need to stick around for about 2 months. Can I apply for a B2 visa just not to be out of status? I already have a job offer with the same employer but then I'll need the waiver to apply for a new H1-B. Then after 2 months, I would go home, and apply at the embassy for the new H1-B. Please, anybody has seen this type of situation?

 

Thanks

[jairichi]

Hello,

My H1-B will be withdrawn by my employer this week ( non profit cap exempt). I understand the minute I am not on the payroll I'll be out of status.

 

I have some things to wrap up (take care of a J-1 waiver pending at DOS) and I will need to stick around for about 2 months. Can I apply for a B2 visa just not to be out of status? I already have a job offer with the same employer but then I'll need the waiver to apply for a new H1-B. Then after 2 months, I would go home, and apply at the embassy for the new H1-B. Please, anybody has seen this type of situation?

 

Thanks

Yes, you can apply for a COS to B2 to be in status in US.

[ioni6693]

Yes, you can apply for a COS to B2 to be in status in US.

Thanks a lot. I know I was supposed to apply before or on my last day of work. But due to some miscommunication between HR and international counselor my last day was 11/22/2013 instead of 11/26/2013. I applied as soon as I could on 11/25/2013. I attached additional documents proving the miscommunication between departments in my application. Basically I am 3 days out of status,  is this going to be a big problem?

[jairichi]

Thanks a lot. I know I was supposed to apply before or on my last day of work. But due to some miscommunication between HR and international counselor my last day was 11/22/2013 instead of 11/26/2013. I applied as soon as I could on 11/25/2013. I attached additional documents proving the miscommunication between departments in my application. Basically I am 3 days out of status,  is this going to be a big problem?

Nope, you are good. No worries.