Change of Status - H1B to B2 before H1B Transfer

[rahulfirm]

Hello All,

I'm from an IT Services Company from India and working in the USA on a H1 for a few years, I have been coming here on and off for a few months every year for the past few years.I have been asked to return to India unit and wait for projects. Earlier this was OK but not favorable now because my wife is also here on a H1 from her company. Sometimes it can take months before an onsite US opportunity can open up. My current project has ended. I only have another week before I have to go to India and wait for the job.

Please tell me which of the following I must do if I cant get H1B transfer by next Friday.

Resign from Current company next Friday and Change Status to B1, Look for Employer and then Change status back to H1 when I get a job ( Remain in the US )

or

Go to India , Resign from current company and wait for US opportunities with other companies,H1B transfer is needed when Im in India, after H1B transfer when Im in India,can I come right away or do I have to wait till stamping opens in October ? Is getting a H1B transfer done when in India complicated?

There is a wealth of information here and for now I know that if I apply for transfer to B1 status, i cant transfer to H1 until the B1 status is approved because a H1 transfer approval would make the period I stayed on H1 without pay as out of status.

Appreciate any inputs.

Advance thank you for your help.

[shervin143]

Every visa status has a purpose. B2 is for tourism and it is not for searching jobs. Also, a COS from B1/B2 to H1B is never advisable (Search and read the posts that explains why it is not advisable). You wil not be able to initiate a H1B transfer before next Friday as LCA itself will take about 10 days to get approved. You cannot file the H1B transfer before the LCA gets approved and you cannot work for the new employer until the H1B transfer is filed and you receive the receipt number.

The best option is to leave the country and keep working for the current employer outside U.S (There is no need to quit). Find a U.S employer who can transfer your H1B (You can start the process right now and find out the right employer). Once the H1B petition gets transferred (quitthe current employer at this stage), you can travel to U.S using any valid H1B visa. There is no need to attend the H1B visa interview again if you have a valid H1B visa in the passport as of the date of your return (even if it is stamped with the previous employer's name on it). You can use the newly approved H1B petition along with the existing valid H1B visa to enter U.S to work for the new employer.

[rahulfirm]

Dear Sherwin, Thank you very much for your inputs. That was very clear. I will do as you suggested.

[rahulfirm]

Hello Sherwin,

Request your assistance for another question. What can i do if I want to stay with my wife for another week in the US after the end of my H1 payroll, what options do I have, can i apply for a change of status to B2 ?

Thanks,

[shervin143]

Applying for B2 is the only option. If you are planning to do that, apply early and get the approval. If you leave when the COS is in progress, then COS will get denied and your stay past the employment termination will be considered as out of status period. Ot take a week long vacation and then resign the job.

[rahulfirm]

Thanks Sherwin, from my online research it seems that COS can take between 2-5 months time, i definitely dont want to be stuck in the COS period for so long. It is best that I go to India and look for options from there. Thanks again.

[dseni]

Every visa status has a purpose. B2 is for tourism and it is not for searching jobs. Also, a COS from B1/B2 to H1B is never advisable (Search and read the posts that explains why it is not advisable). You wil not be able to initiate a H1B transfer before next Friday as LCA itself will take about 10 days to get approved. You cannot file the H1B transfer before the LCA gets approved and you cannot work for the new employer until the H1B transfer is filed and you receive the receipt number.

The best option is to leave the country and keep working for the current employer outside U.S (There is no need to quit). Find a U.S employer who can transfer your H1B (You can start the process right now and find out the right employer). Once the H1B petition gets transferred (quitthe current employer at this stage), you can travel to U.S using any valid H1B visa. There is no need to attend the H1B visa interview again if you have a valid H1B visa in the passport as of the date of your return (even if it is stamped with the previous employer's name on it). You can use the newly approved H1B petition along with the existing valid H1B visa to enter U.S to work for the new employer.

Hi Sherwin,

You seem to know what your talking about maybe you could help me with this situation. I have an approved(renewed) H1b with company A but the stamp has expired. I am going out of the country in one week and have already arranged for my interview. Meanwhile I am expecting a job offer from company B tomorrow.
Assuming I put in a transfer request promptly do I still need to be working for company A when I go back for my visa stamp in their name? Also does there have to be a full transition of working for A one day and B the next or can there be a period in between?