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H1B to B2 Questions

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  • H1B to B2 Questions

    Hi all,

    I have some questions regarding changing my status from H1B to B2. Currently, I am still working under H1B visa, but I am planning to quit my current job and return to my home country in a month time. However, I want to travel for like 2 months in the United States before heading back to my country.

    In conjunction with this scenario, I think that I will need to apply for change of status from H1B to B2 in order to remain my legal status while traveling inside USA. I have browsed through the USCIS website and found that I can do the change of status by filing I-539. I heard that I will be out of status after 10 days of quitting my job. To avoid this, it seems to me that I should file a I-539 application before I resign my job so that I can use the 'grace' period from the I-539 application to stay legally in the States. Is this the right track and way to extend my stay in the States after I quit my job? Any advices from you all will be highly appreciated.
    Thank you very much!

    Lu

  • #2
    There is no such thing as grace period. You will go out of status the immediate next day after you quit your job (provided you haven't filed for a COS to B1/B2). The COS takes somewhere between 2-3 months. So it is advisable to file it early. If the COS to B1/B2 gets approved, then you are all good. Otherwise from the date on which you quit your job until the time your stay in U.S will be considered out of status.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Make sure you file for a COS atleast 1 week before you plan to resign. It takes about 4-8 weeks for processing of B2. Mine was in 4 weeks. As long as USCIS has your application for COS by the time you quit, you should be fine.

      Grace periods are vaguely defined and it is best not to rely on those. Having your status correct should be your goal. Having a clean immigration record will serve you well for future visa purposes.

      Good luck!
      Last edited by senorita1978; 05-10-2010, 10:32 AM.

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      • #4
        H1B to B2

        Thanks very much Servin143 and senorita1978!
        Your inputs really clarify the concerns I have. Now, I have a clearer idea on what step I should take.

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