H1B Visa 60-Day Grace Period Extended? | Any Options for Status Change to B1/B2 and Back to H1B? |

Immigration Attorney Prashanthi Reddy, Esq Answers a Question: H1B Visa 60-Day Grace Period Extended? Exploring Options for Status Change to B1/B2 and Back to H1B

*H1B Visa 60-Day Grace Period Extended? Exploring Options for Status Change to B1/B2 and Back to H1B*

In recent developments, there has been a significant buzz around the H1B visa, particularly concerning the 60-day grace period and the possibilities of changing status to B1/B2 and then reverting to H1B. This article aims to shed light on these topics, clarifying those holding or aspiring for an H1B visa.

Understanding the H1B Visa 60-Day Grace Period

The H1B visa, nonimmigrant visa allows U.S. employers to hire workers in specialty occupations temporarily. A critical aspect of this visa is the 60-day grace period. This period is crucial as it provides a cushion for H1B holders who lose their jobs, allowing them time to find new employment or change their visa status without immediately leaving the United States.
Recent Developments: Extension of the Grace Period
There have been discussions and proposals regarding extending this 60-day grace period. However, as of my last update in April 2023, no official extension has been announced by the USCIS. Visa holders and applicants need to stay updated with the latest information from official USCIS communications.

Changing Status to B1/B2

The B1/B2 visa, commonly known as the Visitor Visa, is designed for individuals visiting the U.S. for business (B1), tourism, pleasure, or medical treatment (B2). H1B visa holders, during their 60-day grace period or otherwise, may consider changing their status to B1/B2 for various reasons, such as extended stay for business negotiations or tourism.

The Process of Changing Status

Filing the Application: To change from H1B to B1/B2, the individual must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.

Providing Justification: The applicant must provide a valid reason for the status change. This includes detailed explanations and any supporting documents.

Awaiting Approval: The processing time varies, and the applicant must maintain their legal status during this period.
Reverting Back to H1B
The possibility of returning to H1B status primarily depends on the H1B cap. If the individual was previously counted under the cap and has time remaining in the six-year limit, they may be able to change back to H1B status. This process involves:
Finding an H1B Sponsor: The individual must find an employer willing to sponsor their H1B visa.
Filing the Petition: The employer needs to file Form I-129, Petition for a Nonimmigrant Worker.
Cap-Exempt Candidates: Those who have not exhausted their six-year limit and were counted against the cap in the past six years may not have to go through the lottery process again.
Considerations and Challenges
Timing and Status Maintenance: Timing is crucial in this process. Applicants must ensure they do not fall out of status during the transition periods.
Processing Times and Uncertainties: USCIS processing times can be unpredictable, and there is no guarantee of approval for either status change.
Legal and Immigration Advice: It is highly recommended to seek advice from immigration lawyers to navigate these complex processes.

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