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  • H-1B Visa status change

    My present employment and associated H-1B visa is ending at the end of this month. I have been trying to get a position in a different division at the same govt. institution and also outside. I would like to continue staying in the U.S. beyond this month so that it will easier to appear for an interview in the coming days. I was told that, since I am on H-1B visa, I will be out of status the next day my current job and visa ends. In that case, I can apply for a visitors B-1 visa and continue stay in the US for some more time. Can someone please provide guidance on what my options are and in future when I get a job can I switch from B-1 to H-1B again?

  • #2
    Originally posted by gaanee View Post
    My present employment and associated H-1B visa is ending at the end of this month. I have been trying to get a position in a different division at the same govt. institution and also outside. I would like to continue staying in the U.S. beyond this month so that it will easier to appear for an interview in the coming days. I was told that, since I am on H-1B visa, I will be out of status the next day my current job and visa ends. In that case, I can apply for a visitors B-1 visa and continue stay in the US for some more time. Can someone please provide guidance on what my options are and in future when I get a job can I switch from B-1 to H-1B again?
    You cannot move to B1 asB1 is for business purpose only. you can explore possibility of moving to B2 visa, and must file before your last working day.

    H1 To B2 are scrutinized heavily and can take few months, you cant work while on B2. You cant move to H1 later on too till B2 is approved, and subsequently your B2 to H1 is approved too. b2 to H1 are also scrutinized heavily. Do discuss with a lawyer before exploring this option.

    This is my opinion not legal advice.

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    • #3
      Do I need to file the form I-539? The instructions for this form under who can file this form says that spouse of H-1 visa holder, F-1 visa and so on. It does not specifically say H1-B visa holder himself. Is this the right form and are there any additional forms to file?

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      • #4
        Originally posted by gaanee View Post
        My present employment and associated H-1B visa is ending at the end of this month. I have been trying to get a position in a different division at the same govt. institution and also outside. I would like to continue staying in the U.S. beyond this month so that it will easier to appear for an interview in the coming days. I was told that, since I am on H-1B visa, I will be out of status the next day my current job and visa ends. In that case, I can apply for a visitors B-1 visa and continue stay in the US for some more time. Can someone please provide guidance on what my options are and in future when I get a job can I switch from B-1 to H-1B again?
        Hello, Gaanee.

        You could enroll for some MBA at a University and switch to F1 visa. The MBA fee for the entire 2 year course, from small universities (as your need is just the legal status), would be around $25000. You could opt out any time and pay only till that semester once you have found someone to sponsor your H1B. You can then switch back to H1 from F1.

        I hope this helps.

        Wishing you luck.

        Cheers,
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

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