When an H-1B worker loses their job, they are typically granted a 60-day grace period by U.S. Citizenship and Immigration Services (USCIS). During this time, they can remain in the United States to either find new H-1B employment or change to another lawful immigration status. One of the most commonly used options during this period is filing for a change of status to B-2 (visitor/tourist visa).

Applying for B-2 Status

To change from H-1B to B-2, the individual must file Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS.

• This allows the individual to stay legally in the U.S. while looking for a new job.
• B-2 status does not authorize work, and applicants must not engage in any employment during this time.
• B-2 applications can take several months to be processed, so it’s important to plan accordingly.

Concurrent Adjudication of B-2 and H-1B Petitions

In some situations, a person may apply for a B-2 change of status and later receive a new H-1B job offer. If the new employer files an H-1B petition with a change of status request and selects premium processing, USCIS may adjudicate both petitions at the same time.

This is known as concurrent adjudication. If approved:

• USCIS may approve the new H-1B petition and automatically change the status back to H-1B, even if the B-2 application is still pending.

However, this is not always guaranteed. In some cases:

• USCIS may approve the H-1B petition for consular processing only, requiring the individual to leave the U.S. and re-enter.
• If the pending B-2 is later approved, the individual could be placed into B-2 status again, unintentionally.

Withdrawing the B-2 Application (When Appropriate)

If the new H-1B petition is approved and the individual successfully returns to work, it may be a good idea to withdraw the pending B-2 application to avoid future confusion.

• Failure to withdraw may result in USCIS approving the B-2 request after the H-1B, putting the person back into a visitor status without work authorization.
• Any withdrawal should be made carefully and ideally under the guidance of an immigration attorney.

Risks and Policy Considerations

USCIS policy on using B-2 status as a “bridge” while looking for a job has varied over time and may depend on the current administration’s stance.

• In some periods, USCIS has been flexible with B-2 requests.
• At other times, it may take the position that using B-2 solely to look for work is inconsistent with the intended purpose of the visa.

Keeping track of current policies and interpretations is essential.

Conclusion

Filing for a B-2 change of status during the H-1B grace period can offer valuable time to stay in the U.S. legally while searching for new employment. However, the process involves legal and timing complexities, especially if switching back to H-1B.

Consulting with an experienced immigration attorney is strongly recommended to ensure that all steps are handled correctly and to avoid unintended consequences.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Please consult a qualified immigration attorney for personalized assistance.