What shd I do after H1B/I94 expiry,before I am able to find new employer to transfer?


pravm

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Facts:
- H1B expiring Sep 30, 2015
- I94 expiring Oct 10, 2015
- Employer told me they will not renew
- I have 23 days left
- I started actively interviewing, had a few phone screens
- I doubt any offer will come through so soon
- A more realistic timeline for transfer is Nov/Dec 2015.

Question 1:
--> Should I overstay until I get the next job to transfer my visa or I must leave immediately when I94 expires?

Question 2:
--> Since I have existing B1/2 visa good for another 7 years, can I go over to Mexico and come back few days later under B1/2 to continue my interviews? When I get a job offer, I will then do a change of status back to H1B. What's the pros and cons?

Thank you so very much for all your help. Thank you!

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Facts:

- H1B expiring Sep 30, 2015

- I94 expiring Oct 10, 2015

- Employer told me they will not renew

- I have 23 days left

- I started actively interviewing, had a few phone screens

- I doubt any offer will come through so soon

- A more realistic timeline for transfer is Nov/Dec 2015.

Question 1:

--> Should I overstay until I get the next job to transfer my visa or I must leave immediately when I94 expires?

Question 2:

--> Since I have existing B1/2 visa good for another 7 years, can I go over to Mexico and come back few days later under B1/2 to continue my interviews? When I get a job offer, I will then do a change of status back to H1B. What's the pros and cons?

Thank you so very much for all your help. Thank you!

Can anyone please help? Thank you so much!

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Apply for a COS to B2 before I94 expiry. This will help you to stay in US, attend interviews and once job offer is provided to file a cap exempt H1B petition.

Thank you jairichi!

 

Typically how long does it take to process a COS from H1B to B2? I already have a B2 visa that is good for another 5 years, not sure if it will speed things up...

 

I read somewhere that the downside of applying for COS to B2 is that it may take months and if I get a job say the week after filing the COS, I will be unable to file another COS back to H1B because it's considered a 'bridge petition' and I'm supposed to wait for the outcome for COS to B2 first. Is that correct?

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Apply for a COS to B2 before I94 expiry. This will help you to stay in US, attend interviews and once job offer is provided to file a cap exempt H1B petition.

I heard if the COS to B2 gets denied, I'll be screwed because I would be considered illegal immigrant from the moment my I-94 expired...

 

Assuming I file COS from H1B to B2 on 10/10/15, and the rejection comes on 12/10/15, but I have a job offer on hand and an employer willing to apply for cap exempt H1B petition for me. What is the best way to salvage the situation now?

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I heard if the COS to B2 gets denied, I'll be screwed because I would be considered illegal immigrant from the moment my I-94 expired...

 

That depends.

First, don't ever listen to rumors.

Second, it would only be true if the filing would be frivolous. For example, if you have an I-140 pending or approved, a COS to B2 can not be approved and could be considered frivolous.

A bona fide COS to B2 is not going to cause problems.

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Thank you jairichi!

 

Typically how long does it take to process a COS from H1B to B2? I already have a B2 visa that is good for another 5 years, not sure if it will speed things up...

 

I read somewhere that the downside of applying for COS to B2 is that it may take months and if I get a job say the week after filing the COS, I will be unable to file another COS back to H1B because it's considered a 'bridge petition' and I'm supposed to wait for the outcome for COS to B2 first. Is that correct?

 

 

I heard if the COS to B2 gets denied, I'll be screwed because I would be considered illegal immigrant from the moment my I-94 expired...

 

Assuming I file COS from H1B to B2 on 10/10/15, and the rejection comes on 12/10/15, but I have a job offer on hand and an employer willing to apply for cap exempt H1B petition for me. What is the best way to salvage the situation now?

Currently it takes more than 3 months to get a decision. Let new employer file a cap exempt H1B petition for you. Once H1B petition is approved you can request USCIS for withdrawal of COS to B2 petition or exit and enter US with a valid H1B visa and I797.

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