Change of Status from H1B to COS Timing

[jshading]

I'm currently in H1B status and doing well at my job, but I want to quit and travel the world for a few years. However, I don't want to leave the U.S. right away, because my lease expires on 10/31 (9 months from now) and I love my current apartment. My ideal is to quit job soon, stay in the U.S. doing some reading/learning/traveling/trip-planning, and leave the country in October.

As I understand, I need to file Change of Status to B2. Ideally I can quit on 5/1 and leave the country on 10/31 (so 6 months in B2 status). I heard that it can take USCIS anywhere from a few weeks to 6 months to make a decision, so I have some questions regarding timing. I'm considering 2 options:

Option 1 - file COS and give employer 2 week notice on 4/15, and get receipt notice and quit job on 5/1. But what if my application is denied on some random date in the future, say on 8/1, do I have to leave the country RIGHT AWAY?

Option 2 - file COS now (February), and request start date to be 5/1 and end date 10/31.
1) What if my application is approved on 4/1, can I quit in April (before the requested start date 5/1)?
2) What if my application is approved on 4/27 (before the requested start date), can I keep working till 5/13 (after the requested start date), because I want to give my employer 2 week notice? I'm asking this because I heard some people saying that one has to stop working immediately as soon as the COS to B2 is approved.
3) What if my application is approved on 6/1 (after the requested start date), do I have to stop working immediately, or can I keep working for 2 more weeks?

Thanks a lot!

[raghvi]

I'm currently in H1B status and doing well at my job, but I want to quit and travel the world for a few years. However, I don't want to leave the U.S. right away, because my lease expires on 10/31 (9 months from now) and I love my current apartment. My ideal is to quit job soon, stay in the U.S. doing some reading/learning/traveling/trip-planning, and leave the country in October.

As I understand, I need to file Change of Status to B2. Ideally I can quit on 5/1 and leave the country on 10/31 (so 6 months in B2 status). I heard that it can take USCIS anywhere from a few weeks to 6 months to make a decision, so I have some questions regarding timing. I'm considering 2 options:

Option 1 - file COS and give employer 2 week notice on 4/15, and get receipt notice and quit job on 5/1. But what if my application is denied on some random date in the future, say on 8/1, do I have to leave the country RIGHT AWAY?

Option 2 - file COS now (February), and request start date to be 5/1 and end date 10/31.
1) What if my application is approved on 4/1, can I quit in April (before the requested start date 5/1)?
2) What if my application is approved on 4/27 (before the requested start date), can I keep working till 5/13 (after the requested start date), because I want to give my employer 2 week notice? I'm asking this because I heard some people saying that one has to stop working immediately as soon as the COS to B2 is approved.
3) What if my application is approved on 6/1 (after the requested start date), do I have to stop working immediately, or can I keep working for 2 more weeks?

Thanks a lot!

Option 1 - Yes you would have to leave immediately as you would go out of status.
Option 2 -
1) The COS approval notice will tell you the COS validity dates. So if you requested for 5/1, the approval notice will most likely state 5/1, and you should stop working from that date.
2) Again, you should not work beyond the requested COS start date.
3) Same thing, you should stop working from your requested COS date irrespective your COS is approved or not before or after that date, this way you keep your end of the slate clean.

This is my opinion not legal advice.

[jshading]

Option 1 - Yes you would have to leave immediately as you would go out of status.
Option 2 -
1) The COS approval notice will tell you the COS validity dates. So if you requested for 5/1, the approval notice will most likely state 5/1, and you should stop working from that date.
2) Again, you should not work beyond the requested COS start date.
3) Same thing, you should stop working from your requested COS date irrespective your COS is approved or not before or after that date, this way you keep your end of the slate clean.

This is my opinion not legal advice.

Thank you very much for your opinion!
Hmm sounds like if I request the start date to be 5/1, then I should stop working either before or on 5/1, but never past 5/1.
What if I don't request any specific start date (i.e. leave the field blank), is it ok to work two more weeks after I receive the approval notice?
Thank you again!