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Is it possible to switch from H1B to Visitor Visa?

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  • Is it possible to switch from H1B to Visitor Visa?

    I came to the US for a one year visiting assistant professor position in a public university. I hold a PhD degree from United Kingdom. My H1B visa was only issued for one year and is expiring on May 25, 2011 (also the date on I-94). I am currently interviewing for other full time university jobs. I also have a ten year visitor visa (issued in November 2004) which I have been using in previous years. The visitor visa is still valid. My question is that after May 25, can I somehow switch to a visitor visa and stay in the US in lawful status? How do I go about it?

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    Yes. You can leave the country and enter back in B1/B2. Or you can file a COS from H1B to B2. However, every immigration status has its purpose. Entering in B1/B2 or filing a COS to B1/B2 to attend interviews in pure illegal.

    Also, if you are planing to file a COS back from B2 to H1B after you find a job, then you should consider the fact that you might be questioned when you go for the visa interview the next time. It will give the VO an impression that you actually switched to B2 to find a suitable job. So be prepared to answer some questions related to that in case you decide to go for a COS from B2 to H1B later.
    Not a legal advice. Use of this information is strictly at your own risk.

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