H1b -> B2 -> H1B | H1B and B2 approved same day with same effective date | Correct status ?
Hello Attorneys,
I have been on H1b for last 8 years and my previous employment got terminated on 03/15. I filed B2 on 05/01 well within grace period. I got another job and the employer filed i129 H1b petition in premium on 09/05.
Now both H1b and B2 approved with the same notice date '09/19/2025'.
H1B 797A
Received Date: 09/08/2025
Notice Date : 09/19/2025
Valid From: 09/19/2025
Valid Until: 09/10/2028
I94#: XYZ123 A4
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B2 797A
Received Date: 05/02/2025
Notice Date : 09/19/2025
Valid From: 09/19/2025
Valid Until: 11/01/2025
I94#: XYZ123 A4
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Given notice date, effective from and I94# are exactly the same on both H1B and B2 approval I797. What would now dictate my current legal status - is it H1b or B2?
Do I have to leave US and re-enter on H1B (i have old H1B stamping valid till 01/20/2026) to be on H1B?
My employer attorney suggested to leave and reenter but I am hesitant with everything going around. If I start working on H1b as I have a job now, would it put my immigration journey in jeopardy going forward?
If the H1B petition was filed as a change of status from B-2 there is no need to leave. If the H1B was not filed as a change of status from B2 you have to leave US and re-enter on H1B (i have old H1B stamping valid till 01/20/2026) to be on H1B. You may also leave and reenter for your peace of mind.
Please acknowledge my answer as "BEST ANSWER" and/or "HELPFUL"? If you think so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Your status is H-1B (takes precedence). You can start working immediately without leaving the US. The identical dates/I-94 numbers are coincidental - H-1B supersedes B-2. No need to travel.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Board Certified Specialist in U.S. Immigration Law, The State Bar of California...
