Navigating the Complexities of Changing Status to B-2 During the H1B Grace Period
30 Jan 2025The 60-day grace period provides possible options for H1B workers whose employment has ended to remain in the United States while seeking new H1B employment. One of these options, as outlined on the U.S. Citizenship and Immigration Services (USCIS) website, is to change status to B-2 while searching for employment opportunities. This process, however, is not without its challenges, and careful planning is required to navigate the complexities.
Filing for a Change of Status to B-2
The USCIS currently permits H1B workers to file for a change of status to B-2 (or B-1) during the 60-day grace period. This option allows individuals to remain in the U.S. lawfully while searching for new H1B employment. Still, it is important to note a B-2 change of status request typically takes several months to process. During this time, the individual must comply with the terms of the B-2 status, which includes refraining from employment.
Concurrent Adjudication of B-2 and H1B Petitions
To minimize potential delays, the USCIS has adopted a policy of concurrently adjudicating B-2 and H1B petitions when a change of status back to H1B is filed via premium processing. This means the USCIS may approve the H1B petition without waiting for the B-2 change of status to be adjudicated first, effectively restoring the individual to H1B status more quickly.
While this concurrent adjudication policy can reduce the waiting time significantly, it is not uniformly applied in all cases. There are instances where the USCIS approves the H1B petition but delays adjudicating the B-2 request. This situation can create complications for individuals who may inadvertently be placed in B-2 status after the pending application eventually is approved.
Withdrawing the B-2 Request
Given the risk of being placed in B-2 status after an H1B petition already has been approved, it may be advisable to withdraw the B-2 change-of-status request before it is adjudicated. However, this decision must be made carefully, taking into account the specific facts and circumstances of the case. Consulting with an experienced immigration attorney is crucial to ensure the best course of action is taken.
The Impact of Policy Changes
It is worth noting that, under the Trump Administration, the USCIS may signal a more restrictive interpretation of permissible activities under B-2 status. Specifically, using B-2 status to remain in the U.S. while seeking new H1B employment may no longer be considered a valid purpose for a B-2 change of status. This potential policy shift underscores the importance of understanding the evolving legal landscape and the risks involved in pursuing this option.
Conclusion
The option to change status to B-2 during the H1B grace period provides a pathway for individuals to remain in the U.S. while seeking new employment opportunities. However, the process is fraught with potential pitfalls, including the risk of being placed in an undesired status and the uncertainty surrounding USCIS policy. Given the complexities involved, individuals are strongly encouraged to consult with an immigration attorney to develop a strategy tailored to their specific circumstances.
Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved