For many H-1B workers who lose their jobs, one common strategy has been to change status to a B-1/B-2 visitor visa during the 60-day grace period. This approach has historically allowed individuals to remain in the United States while searching for new employment.
However, recent developments suggest that this strategy may no longer be as reliable as it once was.
The Traditional Approach
In the past, H-1B workers who were terminated could:
- Use the 60-day grace period
- File a change of status to B-1/B-2
- Remain in the U.S. while exploring new job opportunities
- Transition back to H-1B once a new employer was found
This approach was widely used and often successful.
What Has Changed?
Recent adjudication trends indicate a shift in how these applications are being reviewed.
Applicants are now seeing:
- Increased Requests for Evidence (RFEs)
- Notices of Intent to Deny (NOIDs)
- Higher rates of denial
In some cases, activities such as job searching and interviewing are being questioned under visitor status rules.
Why USCIS Is Taking a Stricter View
Visitor status (B-1/B-2) is intended for:
- Temporary visits
- Tourism or limited business activities
USCIS is increasingly evaluating whether:
- The stay is truly temporary
- The intent at the time of filing aligns with visitor status
- The applicant’s primary purpose is consistent with visa requirements
An open-ended job search may raise concerns about intent.
Risks for Applicants
This shift creates several risks:
- Denial of the B-1/B-2 change of status
- Falling out of status if the application is denied after the grace period
- Accrual of unlawful presence
- Complications for future visa applications
Even a timely filing does not guarantee approval.
Impact on Future H-1B Filings
In some cases, USCIS may:
- Review a later H-1B filing in light of the prior B-1/B-2 application
- Question whether the original intent was consistent with visitor status
This can create additional challenges when transitioning back to H-1B.
Considerations for Employers
Employers hiring H-1B workers who used this strategy should be aware:
- There may be delays due to RFEs or denials
- Workers may need to leave the U.S. for consular processing
- Hiring timelines may be affected
Planning ahead is critical.
What Should Workers Do?
If you are considering this strategy:
- Do not assume approval based on past practices
- Clearly define the temporary purpose of your stay
- Maintain documentation supporting your intent
- Explore alternative options where possible
- Seek legal guidance before filing
Each case should be evaluated individually.
Final Thoughts
While changing status from H-1B to B-1/B-2 after job loss remains an option, it is no longer a risk-free strategy. With increased scrutiny and changing adjudication trends, applicants and employers should proceed with caution and ensure that filings are carefully prepared.
Frequently Asked Questions
Can I still change from H-1B to B-1/B-2?
Yes, but approval is no longer as predictable as before.
Can I search for a job on a B-1/B-2 visa?
This is increasingly being questioned and may create issues.
Does the 60-day grace period guarantee approval?
No. It only allows time to file, not automatic approval.
What happens if my application is denied?
You may fall out of status and need to leave the U.S.
Should I consult an attorney?
Yes. This strategy now requires careful planning.
Contact Information If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information. Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. – VISASERVE.