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  1. #1

    Default How to Extend Your Stay After the End of H1B Status

    I'm on H1B visa with an approved I-140.My H1B visa is valid until 1/1/2019.I'm also a Canadian permanent resident. I just got 2 week layoff notice,my last day at work is 7/4/2016.I've decided that both me and my wife will move to Canada permanently by 7/25/2016:
    (1) In order to avoid unlawful presence beyond 7/4/2016,I would like to apply for visitor visa for both me and my wife so that we can take care of the formalities and logistics here in peace before we move to Canada permanently. But since my I-140 is approved, will USCIS approve B1/B2 visitor visa for me and my wife? When should I apply for it and how long will it take to get approved?
    (2) If I can't apply for visitor visa, what are the other options that'll allow me to stay legally in USA before I move to Canada permanently?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Extend Your Stay After the End of H1B Status

    You can apply for change of status from H1B to B1/B2, but you need to be careful about timing and save all records of employment lest the USCIS inquire as to why you're seeking a tourist visa while you're in H1B status. You will need to be able to prove that you can support yourself during your stay as a tourist.

    As we know next to nothing about your situation, including your nation of origin and whether you qualify for the visa waiver program, we're not in a position to get into specifics.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How to Extend Your Stay After the End of H1B Status

    Quote Quoting sanjay.sinha84
    View Post
    I'm on H1B visa with an approved I-140.My H1B visa is valid until 1/1/2019.I'm also a Canadian permanent resident. I just got 2 week layoff notice,my last day at work is 7/4/2016.I've decided that both me and my wife will move to Canada permanently by 7/25/2016:
    (1) In order to avoid unlawful presence beyond 7/4/2016,I would like to apply for visitor visa for both me and my wife so that we can take care of the formalities and logistics here in peace before we move to Canada permanently. But since my I-140 is approved, will USCIS approve B1/B2 visitor visa for me and my wife? When should I apply for it and how long will it take to get approved?
    (2) If I can't apply for visitor visa, what are the other options that'll allow me to stay legally in USA before I move to Canada permanently?
    This website may be helpful:

    http://www.immihelp.com/visas/h1b/h1...bloss-faq.html

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