If you’re in the U.S. on an H-1B visa and your situation changes, you may want to explore other visa options. Your H-1B status is closely tied to your employer, and if you lose your job or wish to switch positions, it can be challenging to maintain that status. Additionally, the H-1B process can be complicated, and there’s no guarantee you’ll be able to extend your visa or secure a new one in the future. If you’re facing difficulties with your H-1B visa or simply want to take a break from work, you may consider transitioning to a B-1/B-2 travel visa.
There are various reasons why someone might want to change their status from an H-1B to a B-1/B-2 visa. Here are a few common scenarios:
- Job Loss: If you lose your job, your H-1B visa status becomes invalid. In this case, applying for a B-1/B-2 visa can allow you to stay in the U.S. for a short time while searching for a new job.
- Travel Purposes: If you want to visit the U.S. for tourism or leisure purposes, a B-1/B-2 visa is more appropriate, as it allows temporary stay without work authorization.
- Expiring H-1B Visa: If your H-1B visa is expiring and you haven’t received an extension, a travel visa can give you more time in the U.S. while you explore other options.
- Change in Circumstances: If your life situation has changed and you want to take a break from work, or just travel around the U.S., you can apply for a B-1/B-2 visa.
If any of these situations apply to you, keep reading for a detailed explanation of how to switch from an H-1B visa to a travel visa.
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How to Change Status from H-1B to a B-1/B-2 Travel Visa
There are generally two ways you can change your status from an H-1B visa to a B-1/B-2 travel visa:
Option 1: Apply for a Change of Status While in the U.S. (Form I-539)
The most common way to change from an H-1B visa to a travel visa is by filing Form I-539 (Application to Extend/Change Nonimmigrant Status) from within the U.S. This form allows you to stay in the country while your application is being processed. If your application is approved, USCIS will update your status and issue a new Form I-94, reflecting your B-1/B-2 status.
Law and Visas have a detailed guide on how to file Form I-539, including what documents to include, frequently asked questions and tips for success.
Option 2: Apply for a B-1/B-2 Visa from Outside the U.S.
Another option is to leave the U.S. and apply for a B-1/B-2 travel visa at the U.S. embassy or consulate in your home country. This option may be suitable for those whose H-1B visa has already expired or for those who prefer to handle the visa application process from their home country.
If you choose this option, Law and Visas provide a helpful guide on the travel visa application process, including timelines, requirements, and tips for submitting a successful application.
H-1B to B-1/B-2 Visa Timeline
The processing time to change from an H-1B visa to a B-1/B-2 visa will depend on the service center reviewing your Form I-539 application. For the most accurate estimate of how long it will take to process your application, visit the USCIS Processing Times page.
H-1B to B-1/B-2 Visa Costs
If you apply for a change of status while in the U.S., the filing fee for Form I-539 is $470. Additionally, if required, you may need to attend a biometrics appointment, which costs $85.
Alternatively, if you choose to apply for a B-1/B-2 visa from outside the U.S., the filing fee at the U.S. embassy or consulate is typically $185.
Frequently Asked Questions (FAQs) about Changing Status from H-1B to B-1/B-2 Visa
Can I continue to work in the U.S. while my change of status is pending?
Yes, as long as your H-1B visa is still valid, you can continue working in the U.S. while your change of status is being processed. However, once your Form I-539 is approved and you officially change to a B-1/B-2 visa, you must stop working and comply with the travel visa’s restrictions, which do not allow employment.
What if my H-1B visa expires or I lose my job before my change of status is approved?
If you filed your change of status before your H-1B visa expires, you can stay in the U.S. for up to 240 days while your I-539 application is under review. If you lose your job, you typically have a grace period to remain in the U.S. lawfully. However, if your change of status is denied, you’ll have 30 days to leave the country. After that, you will be considered to be unlawfully present in the U.S.
Can I look for a new job while I’m on a B-1/B-2 visa?
Yes, once your change of status to a B-1/B-2 visa is approved, you are allowed to search for new employment opportunities in the U.S. Searching for a job and attending interviews are permissible activities for B visa holders. However, you cannot begin working until you secure the appropriate work visa sponsorship from a U.S. employer.
Changing your status from an H-1B visa to a B-1/B-2 travel visa can be an ideal solution if your circumstances change. Whether you’ve lost your job, are facing an expiring visa, or want to take a break to explore the U.S., the B-1/B-2 visa allows you to remain in the country temporarily.
At Law and Visas, we’re committed to helping you navigate the U.S. immigration process with ease. Our team of experts can guide you through the steps to change your visa status and ensure you understand all the requirements. Don’t risk delays or errors – start your application today and get expert support every step of the way!
