Laid-off H-1B: Attorney suggests filing B-1 (not B-2) for me + family to job hunt. Is this safe?
I am in my H-1B grace period (ends Dec 23) with a wife (H-4) and child (H-4). I plan to file a Change of Status (COS) to bridge the gap while I interview.
Question 1: My attorney suggested filing B-1 (Business) for all of us, stating I should be honest that I am 'job hunting.' This feels wrong for my non-working wife and minor child. Is B-2 (Tourism) or B-1/B-2 combined the standard/safer category for a family bridging status?
Question 2: If I find a job and file an H-1B transfer, but USCIS denies the underlying B-2/B-1 COS (granting the H-1B for 'Consular Notification'), does this retroactive denial trigger the new $100,000 Proclamation Fee for my employer?
I need to know if the B-1 strategy is a red flag and if 'Consular Notification' is a financial dealbreaker.
B-1 for job hunting is not recommended as it is not one of the activities permitted for this category. Look up FAM rules.
Responses provided are general in nature and to be construed as informational (not legal advice), given that not all facts are known. Answering this question does not create attorney-client relationship.
The Laid-off H-1B holder may file an I-539 under B-1 for the H1 + family to job hunt. An I-539 for B-2 may also be filed.
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.
I agree that the $100,000 H-1B fee will not apply.
A B-1 visa is a temporary business visitor visa that allows foreign nationals to enter the United States for a specific business purpose, such as attending a conference, consulting with business associates, or negotiating contracts.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His 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. This answer may have been generated with the help of artificial intelligence.
Asker
thank you so much
You're very welcome!
Your current attorney's B-1 suggestion is highly unusual and risky - B-1 is NOT appropriate for job hunting, and is completely illogical for your non-working wife and minor child. The standard and safer approach is B-2 (Tourist/Visitor) for your entire family, with the stated purpose being something completely else (which your attorney should assist you to properly state & elaborate), but certainly NOT "job hunting" - are you kidding me?? This one would guarantee Denial, with all the nefarious consequences it entertains... Also, 2) for crying out loud...A retroactive B-1/B-2 denial that results in an H-1B approval “for consular notification” does NOT trigger the new $100,000 Proclamation Fee. Finally, no you are NOT "risking a six-figure fee"for your future employer.
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...
Asker
Thank you so much. If my employer files an H1B transfer petition while my B-2 application is still pending, and USCIS approves the H1B petition but does NOT approve the change of status (requiring consular processing instead), does the $100K fee apply?
