Loss of H-1B Job and Opting for B-2 Visa

Question details

1) I lost my job almost 6 months ago. I was on H1B with I-140 approved. I filed for a change of status to B2 (not approved yet). Now I have to extend again since I wasn't able to find a job and cannot move out of the USA right now.
How long/many times can one extend a B2 under the given circumstances?<br>

2) If for whatever reason say the original B2 petition filed in July gets denied do I get illegal presence for all these months from July? How long(days/weeks) does a person has to leave the country in this case?
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3) Any suggestion on what steps to take if USCIS does not approve COS from B2 (pending) to H1b but processes as consular processing. I am a Canadian resident but I heard only emergency visa appointments are available.

ANSWER

Watch the Video on this FAQ: Loss of H-1B Job and Opting for B-2 Visa

Video Transcript

1. Until the B-2 is denied you could try to keep getting it extended.

2. No, as long as a timely filed B-2 was pending you have no unlawful presence.

Well, technically you have no grace period to leave, but the 180 days begin to be counted from the date of the B-2 denial, not from the date of the 60 days expiration of the H-1B.

3. At this point you should talk to a lawyer.  FAQ in detail...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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