Navigating the immigration landscape as a non-immigrant worker can be incredibly stressful and expensive, especially during a layoff. This article details the journey from an H1B visa, transitioning to a B2 visa, and eventually securing a new H1B job.
Timeline of Events
May, 2023 Last working day after layoff on H1B.
July, 2023 Sent self-filled form I-539 to USCIS to change status to B2 for myself and my family and received B2 receipt notice for all family members.
August, 2023 Got a the offer and LCA started. H1B, H4 & H4-EAD filed in premium processing.
Within a week Receipt numbers received.
September, 2023 B2 visa approved for all family members.
Next day H1B visa approved.
Within a few weeks H4 and H4-EAD approved.
Within a couple of weeks H1B physical approval notice received.
October, 2023 First working day at new job.
FAQs
Q: Was an immigration lawyer hired for B2 filing, or was it done independently? A: It was done independently.
Q: Was the I-140 approved before filing for B2? Does an approved I-140 cause any problems? A: I-140 has no impact; it's only useful for extending H1B beyond six years.
Q: Any ballpark estimate of the expenses? A: Expenses were around $6,000 per month without any income.
Q: What was the reason for the change of status mentioned in the I-539 form? A: The individual was laid off while on an H-1B work visa and was in the 60-day H-1B grace period without finding a new job. A change of status to B2 was requested for themselves and their family to continue the job search.
Q: What is the validity of a B2 visa in the application? A: Requested for six months and approved for the same.
Q: If B2 is approved before the H1B transfer, is it necessary to go back for a stamp, or is the change in status done while staying in the US? A: No stamping is required as long as they remain in the US. Visa status is determined by the I-94 attached to approval notices.
Q: Was I-539A filed for the spouse (H4), and was a single fee paid for both, or were separate fees required? A: All dependents were included, and a single fee was paid. I-539A was filed for each dependent.
Q: Is it necessary to withdraw the child from school? A: No, it is not necessary as schools do not ask for visa status.
Q: How was health insurance managed? A: Continued payment to COBRA insurance ($1950/month).
Q: What challenges were faced in convincing recruiters about the H1 to B2 switch? A: The challenge is that one cannot start work on the H receipt notice while on B, so the employer must be okay with waiting until the complete H transfer approval. On premium, it normally takes three weeks for LCA and H approval if no RFE is received.
Q: What is the current timeline to get a receipt number for B1/B2? A: 7-15 business days.
Q: If a B1/B2 visa is approved till 2027 but has never been used, and the H1B is currently valid (I-797/I-94 expiring in 2025), in this scenario, if H1 is lost, will they automatically be able to use the B1, or does the I-539 still need to be filed for a change of status? A: A visa stamp is not equal to visa status. When inside the US, it is necessary to file the I-539 to change status. Exiting the US and re-entering using a B stamp has a similar effect as filing I-539.
Q: Was anything particular done to change status from B2 to H1 again, or did the H1 approval supersede it? A: The B receipt notice was handed over to the employer/attorney. Yes, USCIS will approve the pending B first, then the H1.
Q: Why choose B1? Can you clarify B1 vs. B2? A: Both are perfectly fine for job searches. If business activities are intended, B1 may be opted for, but it is not necessary for a job search.
Q: How many days in advance of the 60-day grace period was the B2 application filed? A: Refer to the above timeline.
Q: Were H4 and H4 EAD also filed in premium? Does the company pay for the spouse's H4 extension and EAD? A: There is no premium processing for H4 and H4-EAD, but if filed along with premium H1B, they mostly get approved quickly like premium.