Thank you for this, very helpful in this time of need. I asked my lawyer about this and she said while the change of status can be pending for up to 10 months that maximum you should stay is 6 months from filing date. So 60 days + 6 month is the max time to find new role.
About 4:09 - USCIS clarified if I-539 change of status to B2 is pending, and an H1B I-129 is petitioned by the employer - the I-129 is prioritized and you don't need to leave the country. Quoting USCIS: Q: Will my pending I-539 change of status application to B-1 or B-2 be prioritized if I find a new employer who files an I-129 petition with a request for premium processing service? A: If an employer files a Form I-129 petition on your behalf, along with a request for premium processing service, USCIS will generally process the pending I-539 and the I-129 together during the premium processing timeframe and issue concurrent decisions. This means there should be no delay in adjudication of the I-129 because of the pending I-539. No formal request is required for the pending I-539 to be prioritized. If USCIS approves the I-129 petition, including any requested change of status, then you generally will obtain the nonimmigrant status requested on the I-129 petition (not the I-539), and may begin working. You generally would not need to depart the United States to obtain the requested nonimmigrant status in this scenario. Source: www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/options-for-nonimmigrant-workers-following-termination-of-employment
@@murthy562 no. You file it for premium processing. And from what an attorney just told me, when you file premium h1 transfer, your b2 gets approved and then your h1b gets approved right after. Hereby canceling the b2 that was approved. And it does not go through lottery. However there is a chance that you h1b gets i797b approval. Which is basically just councilor processed h1b which means you leave the country and come back in if you already have a valid visa stamp on passport. If you dont, you have to get a new stamp and come back in
@@syedadeel1563 thank you so much, this mean in the event of job loss we techincally have 10 months to find a job (grace period + B1/B2 pending status) and with i140 approved you basically have unlimited h1b extensions ? Am I right ?
I just got an RFE back on my i-797 application asking to show the b2 approval. Contrary to the popular opinion as stated in this video that the USCIS typically processes both i-539 and i-129 together, in my case I was asked to show the pending B2 approval so the i-797 process can be completed. I might have to request an expedited i539 review (hopefully they accept) in order to continue my i797 review process
Very helpful video! Thank you. If you get a chance to make a video for going through a consulting firm route to get an h1b, or joining one after getting laid off, that would be great. And, what are the pros and cons on going through a consulting firm route? Thank you!
@@srujananuthalapati1378 yes. I filed online selecting H1B1 , mentioned in additional comments that please consider this as H1B (as suggested my immigration lawyer) , also got approved last month. My i539 was H1B to H4 though not B2.
if you get i-797B, it means you have been approved but you need to leave the country and re enter to update your i-94. So if you have a valid visa stamp, it is easy to do from any country. But if you do not, you will have to appear for an h1b visa interview again.
@YudiJ Thanks for the helpful content! Just to clarify, will my existing H1-B be transferred by the new employer when I'm in that suspense immigration status or will the new employer has to file a new H1-B application?
Hey that was a nice explanation I have a question. I already crossed the grace period but my employer have not terminated me, for many reason I lost the projects during this time like project went on hold etc. I have 2 months left I have 2 semesters left to complete my EMBA I was ex student to in the school, can I change my visa status From h1 to F1 (day1 -cpt) If I apply for petition, will uscis approve it or they ask supporting document??? What document they may ask?
That’s a wrong information. H1B to B2 can’t be applied online. For other non immigrant visa it’s online but for H1B holders it’s offline. So prepare accordingly
this is helpful. Do you know how long it takes to file offline? Im currently on 45th day. Want to make sure, I have enough time ? Is the day counted from the day they receive the form mail ?
Hi Judi, I have a quick question. If I am on OPT and plan to apply asylum afterward. If the company want to sponsor H1B, which one better H1B or asylum? Thanks
Hi Yudi, I'm planning for the MS STEM, after the MS do I need to get job or internship to stay for additional 3yrs ? Or it doesn't require any job .. please let me know.
It is important to understand that you are not applying for a new visa. Your petition is to switch from an H1 to B2 status while saying in the country. So even if you have a B2 on your passport already, your petition is only to switch to a b-2 status from H1.
Hi Yudi, I got my h1b Visa stamped and I worked in USA for an year and I came back to India due to my health condition. How can I recapture my unused time?I asked couple of sponsors and they said that they can do if I am in USA regardless of the visa type. So I am planning to come by B2 visa and find an employer who can sponsor H1 for me.Can you please advise me on this route?
Hey Yudi, can we use the same if I just got my lottery picked for H1B and I am F1-STATUS until October and I am lookinj for a job change following my lay-off?
@Yudi J Hey Yudi, Thanks for replying. I mean I just got laid off on March and I just got my H1B visa picked for this lottery. So if I don't land a job by Jun or when my unemployment days are getting over can I file for B1/B2 visa to stay in U.S. Also if you have any other suggestions/guidance in that respect kindly let me know.
@@sanjuprem1220 Ok hold on - so if you lottery got picked but you got laid off that means they won't process with your H1b application for approval right? That means your OPT status never changed so you would be just on OPT and/or OPT stem extension. I think this needs more deeper conversation than just commenting back and forth. join friday live session and we will go from there.
Dear Sir In case my spouse loses job on h1 and completes 60 days and suppose I am working on h4 ead , since my spouse loses status and applied for b1/b2 should I be applying as well. Am I allowed to work in this time or not ? Or can we return back to india after 60 days and can I continue working for same company from india ?
Hi @Yudi, will I still be considered as h1b cap exempt after my 60 days are over and I came back to India (I mean can I still transfer my H1b to different employer in October if I came back in March after getting laid off)..?
yes@@YudiJ . did this work well for them ? does having a b1/b2 for the sake of maintaining a status raise questions later on when their h1b was submitted?
@@mohammadsufiyantalha6556 Hey! I didn't file a B1, I was able to land an employer by then. But, I did talk to an immigration lawyer who said it's totally lawful to do this route since 2023. He also said once you file a B1, if you landed an h1 transfer within the 60 days then you can continue to stay here. If you filed a h1 after the 60 days you should do it in premium and you must exit and re-enter the US.
Hello Sir. My son has b1b2 visa so can he continue staying in US ? And what he gets a job after 70-80 days ? Can he come to india for H1b stamping immediately ?
@@YudiJ dont know maybe you would have said that you'll be joining the mexican cartel or a biker gang (inspired from the cool jackets you always wear 😉)
@@YudiJ ik I saw your video explaining the process. I have seen almost all of your videos Yudi. I am a student at Indiana University Bloomington. MS in Data Science.
If you cannot find a job within 60 days, staying in the USA is illegal. So you need to apply for b1 visa(you can not work). And after you get a job you can again apply for h1b visa .
Yes the B1/B2 thing is just a false promise honestly, even if you do get a job, they can't legally hire you, but you can ask them if you can work from offshore for a far lower rate, because what's better than providing the same service but at a very low rate from home country...
@@mohit4902 if you are already in an H1 cap they can sponsor your visa, Explain your situation, They will file for H1 since you were already in a cap, It's totally fine in this case. It's illegal when you come to usa with b1/b2 and try to get a job!!
