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Hi
On H1-B since 2008 and I-140 approved. The last H1 extension was filed on Aug,2019. The decision is still pending but I-94 expired on Nov,2019. Unfortunately the employment terminated on 2/14/2020. The company will notify USCIS about termination. However they recommended to immediately apply for change for change of status to B2 to get business in order before leaving. While it is unlikely that the COS to B2 will be approved because there is some time to process the request and adjudicate, that will give some time to settle affairs in USA. I would plan to stay for 8 weeks.
My question is, if I take this route will I be accumulating unlawful presence since H1B petition will be withdrawn. Or does the unlawful presence starts after B2 case is adjudicated (and denied). I am hoping to have some time to get things in order without accumulating unlawful presence.
On H1-B since 2008 and I-140 approved. The last H1 extension was filed on Aug,2019. The decision is still pending but I-94 expired on Nov,2019. Unfortunately the employment terminated on 2/14/2020. The company will notify USCIS about termination. However they recommended to immediately apply for change for change of status to B2 to get business in order before leaving. While it is unlikely that the COS to B2 will be approved because there is some time to process the request and adjudicate, that will give some time to settle affairs in USA. I would plan to stay for 8 weeks.
My question is, if I take this route will I be accumulating unlawful presence since H1B petition will be withdrawn. Or does the unlawful presence starts after B2 case is adjudicated (and denied). I am hoping to have some time to get things in order without accumulating unlawful presence.
