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Does a change of status from H-1B to B2 (due to lay off) adversely impact a subsequent H-1B application with a new employer?

Los Angeles, CA |

I was laid off in October 2013. I applied for a status change to B2 (as a bridge) to give me time to find a new job and to stay in the US legally. I found a new job and the employer filed for an H-1B petition under premium processing this week. Meanwhile, my I-539 application had still not been adjudicated. I noticed online today that my I-539 B2 change of status application has now changed from "initial review" to "requesting additional evidence". I noticed the update to my I-539 B2 change of status application just one day after my employer filed my new H-1B petition. I am wondering if the request for additional evidence on the I-539 B2 change of status application will impact my H-1B petition?

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Attorney answers 3

Posted

If your change of status to B-2 is denied, but your H-1B petition is approved, you will have to go abroad to obtain an H-1B visa. Please see

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

Yes! A denial of your COS to B2 will render you unable to change status to H-1B in the US. Make sure to immediately hire the best immigration attorney money can buy to deal with this RFE forthwith. You will otherwise be compelled to depart and seek consular processing of your H-1B if and when approved by USCIS. Depending where that consulate is, you could be slapped with "administrative processing" the euphemism for security name checks which can easily ground you at home for 7-8 months (think Hindustan or better yet, Pakistan). By the time the dust finally settles you "employer" might want you no more, don't you think?

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

Yes. Unless the intervening B-2 COS is approved, the H-1B COS will not be approve don the second petition and you will have to depart the US to obtain a new visa, assuming the H-1B Petition is approved.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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