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Change of Status - H1B to B2 - Clarification Needed

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  • Change of Status - H1B to B2 - Clarification Needed

    Hi All,

    This is Sundar, I have a clarification regarding Change of Non-Immigrant VISA status from H1B to B2 (Tourist VISA). I have been in US around 2 years on H1B Work Permit VISA and my H1B expires August 2016. But most like my project here will be done in a month or two. So I would have to return to India once my project is done.

    But before leaving US, I have planned to visit few National Parks and other places, so was planning to change my status from H1B to B2 to do that. I kind of worked my way through preparing I-539 form and other required supporting documents but had a questions before i proceed submitting them.

    In my I-539 form, I'm requesting my COS to happen on 1st May 2016, my question here is, as my current H1B VISA expires only in August 2016, If I'm approved for the COS to B2, will my B2 VISA will be valid starting my requested date (1st May) or will it be only valid after my H1B expires. Also please note that I might be quitting my current job by April, so I guess my H1B will be In-Valid after my last day with current employer and my COS can be valid starting my requested date.

    Any inputs on this would be greatly helpful for me to plan things further. Please let me know in case you need any specific information. Thanks.

  • #2
    Change of Status - H1B to B2 - Clarification Needed

    Hi All,

    Any suggestions / inputs on above clarifications. I would also like to know during the time of my I-539 COS application in-process with USCIS, can i travel within US. Any inputs on this would be greatly helpful, Thank You.

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    • #3
      Originally posted by gnrdgs View Post
      Hi All,

      Any suggestions / inputs on above clarifications. I would also like to know during the time of my I-539 COS application in-process with USCIS, can i travel within US. Any inputs on this would be greatly helpful, Thank You.
      Hi,

      I'm also in the same boat. Can you please let me know what you did in your case?

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      • #4
        Originally posted by pink123 View Post
        Hi,

        I'm also in the same boat. Can you please let me know what you did in your case?
        Do not hijack other's thread. open a new one.

        Theoretically your H1 will be invalid on your last day of job in USA. However most employer does not take a pain to inform Embassy about your last day - neither the Embassy have any way to know that. You can stay/show yourself on PTO/Non-paid holidays & continue staying here on your valid I94 (with or without COS).
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

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