B-1 Visa

Maintaining Status with an Approved I-140 after a Layoff

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What are the options to maintain status after a job loss when an individual is on their first H-1B but has an approved PERM and I-140 from a future employer?

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 Once an I-140 is approved and held for 180 days, the priority date is locked, and the applicant can extend an H-1B infinitely with any employer. To bridge a gap between roles, filing for a B-1 visa with an explicit intent of job hunting is a suggested strategy, rather than switching to an F-1 unless it represents a logical career progression.

Withdrawing a Pending B-2 when an H-1B is Approved

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How should one handle withdrawing a pending B-2 visitor visa application once an employer successfully files an H-1B petition?

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A standard practice is to include a notarized letter inside the new H-1B petition package. The letter should explicitly state that if the H-1B is approved with status, the pending B-2 should be withdrawn; otherwise, B-2 processing should continue. 

Re-entering on B-1/B-2 to Change Status to F-1 after a Prior Rejection

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Can I enter the US on a tourist visa (B-1/B-2) and then change my status to F-1?

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This is strongly discouraged. Entering the US on a visitor visa with the preconceived intent to convert to student status is considered misrepresentation and may result in a permanent bar from the United States.

90-Day Rule for Changing Status from B-1/B-2 to H-4

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Does the "90-day rule" allow me to change from B-1/B-2 to H-4 status inside the US?

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No. The "90-day rule" is a misconception; USCIS always evaluates the intent behind your entry. Entering with the intention to change status can be viewed as misrepresentation. It is generally safer to process your visa stamp outside the US.

Switching from B-2 to H-4 Status

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An applicant's spouse entered the US on a B-2 (visitor) visa while the applicant was on F-1 STEM OPT. The applicant was recently selected for the H-1B lottery and wants to know if the spouse should apply for a change of status to H-4 in the US or get a visa stamping abroad. 

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Getting an H-4 visa stamping abroad is much cleaner. Applying for a change of status carries the risk that the government might claim she had "preconceived intent" to stay long-term while entering on a tourist visa. 

What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff

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I am currently on an H1B visa and, unfortunately, I’ve been laid off. My last working day will be July 31st. I'm evaluating my options to maintain legal status in the U.S. after that date. The two primary paths I’m considering are:

Filing a Change of Status to B1/B2 (Visitor Visa). Filing a Change of Status to F2 (Dependent on my wife’s STEM OPT)

I saw your post on LinkedIn where you mentioned that USCIS has recently issued RFEs in B1/B2-to-H1B conversion cases, citing that seeking employment while on a B status may constitute a status violation.

My question is:

If I change to F2, would I face similar scrutiny during a future change back to H1B, especially if I'm job hunting while on F2?

Does job searching or interviewing while on F2 (without actual employment) violate the terms of that status? Also, I'd greatly appreciate your insights on the pros and cons of switching to F2 vs. B1/B2 from a strategic and compliance perspective.

 

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Seeking a job while on F-2 or B-1/B-2 status after an H-1B layoff carries no inherent risk, as the prohibition is on doing the job, not looking for one. While some individuals have faced challenges from USCIS when converting back to H-1B, the speaker views such objections as unfounded. Even in a worst-case scenario, an H-1B approval might necessitate a brief departure and re-entry to the U.S.