Arlington Visa Attorney
The 60-day grace period allows certain non-immigrant visa holders, including H-1B visa holders, to remain in the USA for up to 60 days after job loss. Within those 60 days, you must make arrangements to leave the USA, apply for a change of status, or find a new H-1B employer.
Dealing with the stress of unemployment can be hard. When taking your next step, it is important to be strategic and proactive. Our Arlington visa attorney is here to help you find your way.
What is B-2 visa status?
B-2 status is a non-immigrant status that will allow you to remain in the USA temporarily for pleasure or medical treatment.
Am I allowed to change status to B-2 within the 60-day grace period?
Yes. You are permitted to change to B-2 status within the 60-day grace period. This is a great option for those who need additional time in the USA.
Can I look for a new job while on B-2 status?
Yes, USCIS has confirmed that you may search for employment and interview for positions.
What must I include in my B-2 change of status application?
Evidence of your H-1B status, termination, and biographical information must be provided. If you would like the assistance of our experienced visa attorney, please contact Stone Oak Immigration PLLC.
How soon should the B-2 change of status application be filed after my grace period starts?
While your B-2 change of status application may be filed any time within the 60-day grace period, it must be received by USCIS before the 60th day.
Can I request a longer grace period?
In general, the 60-day grace period cannot be extended.
How long can I stay in the USA on B-2 status?
During the initial period on B-2 status, you may stay in the USA for six months.
Can I file for a B-2 extension after the first six months have passed?
Yes. You may request one six-month B-2 extension, for a total time of one year.
What happens if my B-2 application is not adjudicated by USCIS within six months?
As it pertains to B-2 application adjudications, USCIS is very backlogged. It is unlikely that you will receive an adjudication within six months. Nevertheless, you may not remain in the USA until the case is adjudicated.
I filed my B-2 change of status application in mid-January 2024. It is now July 2024, and I am nearing the end of the six-month period. My B-2 application is still pending, but I have not found another employer. What should I do?
Before the end of the requested six-month period, you must decide whether you wish to leave the USA or file another B-2 application. Depending upon the facts of your case, other options may be available. For case specific guidance, please contact our visa attorney.
Can I work on a B-2 visa?
No, you cannot work.
Can I study on a B-2 visa?
No. If you wish to study, you should apply for an F-1 visa.
Can I change back to H-1B while my B-2 application is pending with USCIS?
Yes. In that case, your new H-1B employer should file the petition with premium processing.
If I can change back to H-1B while my B-2 application is pending, do I have to go through the H-1B cap again?
No. If you were already counted against the cap, you do not need to go through it again due to your pending B-2 application.
My B-2 application is still pending. Can I start working on H-1B again after the new H-1B petition has been filed?
You cannot start working until the new H-1B petition has been approved.
Should I let USCIS know that I have a pending B-2 application in my new H-1B petition?
Yes. You should provide a copy of the receipt and list the receipt information in the I-129 form.
Can I ask USCIS to adjudicate my B-2 application with my new H-1B petition?
Yes, you may ask USCIS to adjudicate the B-2 application first, followed by the H-1B petition.
What if my new employer files the H-1B petition while the B-2 application is pending, but the B-2 is denied?
If the change of status petition is denied, you must depart the USA. Depending upon the facts of your case, you may still be eligible for the H-1B visa. For case specific guidance, please contact our visa attorney.
Can I work during the 60-day grace period before I file my B-2 application?
No, you cannot work.
Can I travel outside of the USA during my grace period or while my B-2 application is pending?
No. If you travel outside of the USA during the grace period, you may be unable to return. If you travel outside the USA while your B-2 application is pending, it will be denied for abandonment.
Losing your job is stressful. Our experienced visa attorney is here to help you find the best path forward. To schedule a consultation to discuss options available to you, please contact Stone Oak Immigration PLLC.
