12-24-2005, 03:21 PM
I'm currently staying in US on H1 visa which expires on Jan 01. Another employer was supposed to file H1 extension but their office closed for Christmas vacation and they cannot file earlier than Jan 03. Thus, I will be out of status for a few days. Can I file (myself) a petition for status change to B1 or B2 just to keep my legal status in US until the new employer files the H petition for me early in January? If so, will they be able to change my status back from B to H?