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Change of Status, J1 to B2, While H1B Application is Pending

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  • 06-03-2009, 05:03 PM
    akkysol
    Change of Status, J1 to B2, While H1B Application is Pending
    Hello
    Since my case is quite specific and I did not find an exact answer, I decided to post a question. Here is the deal - I entered the States in September 2008 on a J1 visa valid for 18 months. A few months into my employment, my employer agreed to apply for the H1B on my behalf, we applied and everything was ok, even got the receipt number back from USCIS.
    Now it gets complicated...due to the economy and other complications, I was let go by that employer. I knew about the 30 day grace period so I used 2 weeks of that to find new employment but couldn't so I applied for a change of status from J1 to B2. My J1 expired a couple of weeks after that and now I no longer have the J1 status.
    Will the change of status that I applied for effect my H1B application?
    Will I be given the H1B even though I no longer work for that employer?
    If I find a new employer, can I transfer my H1B to that employer?
    Am I technically out of status because my J1 expired or can I stay here legally until I receive an answer on my change of status to B2?
    I am a Brazilian passport holder if that helps and I am not subject to the 2 year rule.

    Any help and advise that you can give me will be greatly appreciated!

    Thanks.
  • 06-05-2009, 12:55 PM
    Mr. Knowitall
    Re: Change of Status, J1 to B2, While H1B Application is Pending
    Even assuming you successfully transition into B2 status without accruing overstay, you can't legally look for employment in the U.S. while inside the U.S. on a B2 visa.
  • 06-06-2009, 11:06 AM
    akkysol
    Re: Change of Status, J1 to B2, While H1B Application is Pending
    So in my situation the change of status to B2 could be granted?
    What if I manage to find employment while I am on a B2 then with that offer letter I go back to my home country and apply for a change of employer to my H1B, would that work?
    Would the change of status to B2 affect my H1B application?
  • 06-06-2009, 03:02 PM
    Mr. Knowitall
    Re: Change of Status, J1 to B2, While H1B Application is Pending
    What part of "you can't legally look for employment in the U.S. while inside the U.S. on a B2 visa" was unclear?

    We don't tell people to do things that are unlawful. If you want to try to find somebody to advise you on gaming the system, consult an immigration lawyer.
  • 06-06-2009, 03:21 PM
    akkysol
    Re: Change of Status, J1 to B2, While H1B Application is Pending
    You are quite impatient and rude you do know that right? Not to mention that you do not seem to know how to answer ALL of the questions asked to you!!!
    Even if I do look for employment on a B2 then go back to my home country with an offer letter and apply for a change of employer on the H1B, there would be no way of telling whether I received the offer letter while I was on a B2 or while I was back in my home country
    In any case, regardless of me being able to find employment or not while on a B2 visa, which I know can be done because if you look at the numerous posts in the numerous amounts of forums on the internet including this one, you will find that many many people have continously looked for employment while on a B2 visa.
    So in any case, you never answered my question...will my change of status application to B2 affect the H1B application?
    Will I be able to change the H1B to a new employer?
    What are the statistics in regards to a change of status application to B2 successfully granted?
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