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I am on H1B & if I lose my job and move on B2 should i wait till April to reapply H1B

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  • I am on H1B & if I lose my job and move on B2 should i wait till April to reapply H1B

    Hello,

    I am on verge to lose my job
    I am on H1B and it is valid till OCT 2016
    It might be some time till i find a new job. so I will move to B2 visa
    So when I find a job will the employer have to wait till April to file my H1?
    If not then how long do I have to find a new employer who can file H1 for me

  • #2
    It is not advisable to switch to B2 to look for jobs. It is against the B1/B2 regulation. Also, a COS from B1/B2 to H1B is very risky and will invite a lot of questions from USCIS or from the visa officer when you attend the visa interview in the future. H1B transfer to a new employer will work as long as you do not have break in your recent pay slips. If there is a break, then you are considered out of status on H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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