H-1B Holders Can Apply for B-2 Change of Status More Than Once

Key Takeaways

• You can file multiple H-1B to B-2 status changes, but each request must be on time and well-justified.
• Repeated B-2 status requests can lead to increased USCIS scrutiny, requiring stronger evidence for each application.
• Excessive or repetitive B-2 filings may impact future visas if USCIS doubts your intent or sees a pattern.

People on H-1B visas in the United States 🇺🇸 often worry about their futures when they lose their jobs, especially if it happens more than once. Some consider changing their status from H-1B to B-2 so they can stay in the country for a while longer. But can you really do this more than once if you have been laid off more than one time? Is there a risk if you keep doing it? This detailed guide will answer these questions, explain the rules, and highlight the things you should watch out for.

Most Popular Questions

• Can I change from H-1B to B-2 more than once if I lose my job repeatedly?
• What is the process for filing the I-539 form multiple times?
• Will USCIS question my intention if I request B-2 status repeatedly?
• How do I know if I am at risk of denial or future problems?
• What documents do I need to provide each time?
• Is it possible to return to H-1B from B-2 if I get a new job?
• What is the 60-day grace period and how does it affect me?
• Should I consider other options if I keep getting laid off?

Introduction

This FAQ is designed for foreign workers in the United States 🇺🇸 who came on an H-1B visa, but have lost their job (sometimes more than once) and want to know if they can keep changing their status to B-2 as a way to stay in the country legally. It covers the rules about using the I-539 form multiple times, what USCIS looks for, the risks involved, and possible next steps.

Can I apply for a B-2 change of status more than once after multiple H-1B layoffs?

Yes, you can usually apply for a change of status from H-1B to B-2 more than once, if each application is filed on time and follows the rules. There is no official limit on how many times you can file this request. United States Citizenship and Immigration Services (USCIS) reviews each case by itself, checking whether it follows the law and is submitted by the proper deadline. Official USCIS guidance confirms this point.

What is the I-539 form and how is it used for changing status?

Form I-539 is the official form someone must use if they want to change their immigration status while inside the United States 🇺🇸. In this situation, an H-1B worker would file Form I-539 to request a change to B-2 (visitor) status. Every time you apply for a status change, you must submit a new I-539 application. You can find Form I-539 here.

When should I file the I-539 if I get laid off from my H-1B job?

If you lose your H-1B job, you have a 60-day grace period. You must file your I-539 application for B-2 change of status before the end of this period if you want to keep your legal status in the country. If you file after the grace period, you risk being considered out of status, which can have serious consequences. Always check your layoff date and file early to be safe.

Does filing multiple I-539s for H-1B to B-2 change of status increase scrutiny from USCIS?

Yes, using the B-2 change of status option more than once, especially in a short period, may get more attention from USCIS. There is no exact rule that says you cannot do this, but the officers reviewing your application may look more carefully to see if you are following the true intent of the B-2 visa—visiting the U.S. for a short, personal reason. If it looks like you are just using the B-2 status to stay in the country between jobs, they may question your intentions. As reported by VisaVerge.com, each application must clearly show that your requested stay is only for a temporary visit and not just to extend your time in the country.

What do I need to show each time I apply for a B-2 change of status?

For every B-2 request using the I-539, you must provide:
– A clear written explanation of why you want visitor (B-2) status (for example, “I need time to prepare to leave,” or “I have family needs to take care of in the U.S. before returning home”).
– Proof that you only plan to stay for a short time (such as a travel plan or ticket home).
– Evidence showing strong ties to your home country (examples: a letter from an employer overseas, proof of property, or family obligations).
– Any other documents that back up your reason for visiting.

The thing to remember is that your documents must support the idea that your visit is temporary, and that you truly plan to return home. The more often you ask for B-2, the more details and proof you may be asked to provide.

Is there a risk of being denied or getting in trouble in the future if I keep filing for B-2 status?

Yes, there is some risk if you file for B-2 status repeatedly:
– High numbers of B-2 requests or denials might make it harder to get other visas later. USCIS may see a pattern and wonder if you are really following the rules or just trying to stay in the country.
– If USCIS denies a B-2 request and you stay past your allowed time, you could be “out of status” and this could hurt your chances with future visa applications or even bar you from returning to the country.
– If you do not provide strong proof each time, officers may start doubting your intentions.

However, if the applications are honest, fully documented, and each request is properly explained, many people do successfully use this path more than once.

Can I return to H-1B status from B-2 if I get a new job while my application is pending?

If you have filed for a change of status from H-1B to B-2 (and your application is either pending or approved), and then you get a new job offer, your new employer can file another petition to change your status back from B-2 to H-1B. With premium processing, both your B-2 and new H-1B cases will be reviewed together. This usually allows you to switch back to H-1B without needing to leave the United States 🇺🇸, as long as all other requirements are met.

What is the 60-day grace period for H-1B holders?

The 60-day grace period is a rule that gives H-1B workers a window of time after their job ends to figure out their next step. During this period, you are not considered as being out of status, but you must act quickly by either finding a new H-1B job, leaving the country, or changing your status (for example, to B-2). If you do nothing or file late, you could become out of status.

What happens if I file late, after my 60-day grace period?

If you submit your I-539 to change from H-1B to B-2 after your 60 days are up, you are technically out of status. This can lead to your application being denied. Even if the application is accepted, you may still have a mark on your record that could hurt future visa requests.

Should I consider other options if I keep getting laid off and changing to B-2?

If losing your job and changing to B-2 is happening more than once, it may be time to look at other solutions. Some alternatives include:
– Finding another visa category that fits your plans (like student or dependent visas).
– Exploring a permanent residency path if you are eligible.
– Considering returning to your home country and reapplying later.
It’s wise to consult with an immigration lawyer to talk about your personal situation and find the best path.

Do I hurt my chances for a green card or H-1B extension if I switch to B-2 repeatedly?

Repeated status changes alone do not block you from applying for a green card or extending your H-1B. However, if it appears you are misusing visitor status, or if you have many denials, it could make it more difficult. USCIS officers will have more questions about why you kept switching and whether you really follow the visa rules. Always keep records and truthful reasons for each change.

How should I prepare my explanation letter for a B-2 change of status?

A strong explanation letter should:
– Say clearly why you are asking for B-2 status (such as needing time to move, make travel plans, or help family).
– Be specific about your plans, including dates.
– List any travel you plan to do.
– Mention your return or onward travel.
– Show your connection back home (job, property, family).

Summary Table

Here is a easy-to-read table summarizing the differences between your first and repeated H-1B to B-2 change of status requests:

Above all, honesty, good documentation, and clear reasons are key at every step.

Addressing Common Myths

Myth 1: Filing for a B-2 after losing your job is risky every time.
Fact: If done correctly and on time, this is a legal and common step, especially for people needing extra time to wrap up affairs.

Myth 2: There is a hard limit to how many times you can go from H-1B to B-2.
Fact: There is no set limit, but repeated requests will face more questions.

Myth 3: If I file for B-2, it will be very hard to ever get another visa.
Fact: Only if you misuse the process or provide weak evidence does this become a problem.

Where Can I Learn More or Get Official Help?

For forms and instructions, review the official USCIS I-539 page.

If you have special concerns or a complicated history, speaking with a qualified immigration attorney is recommended. They can help with personal recommendations and make sure every application is strong and accurate.

Conclusion

To sum up, it is possible to apply more than once for a B-2 change of status after multiple H-1B job losses. The H-1B, B-2 change of status, and I-539 processes are all available tools, but every use must be justified, honest, and fully documented. The law does not put a cap on the number of times you can take this path. However, USCIS will expect you to provide more details and proof each time, and you may face more questions as the pattern repeats. Filing late, failing to show true visitor intent, or having too many denials can create problems for future visa or green card efforts. If you find yourself repeating this process, it may be time to consider other plans or speak to a legal expert. Always make sure you use the correct forms and meet deadlines. For more in-depth information, you can turn to resources like VisaVerge.com or the official USCIS website.

Stay prepared, honest, and on schedule, and you give yourself the best chance to stay in lawful status in the United States 🇺🇸 or find the best next step for your situation.

Learn Today

H-1B Visa → A U.S. nonimmigrant visa for skilled foreign workers employed in specialty occupations, usually in technology, engineering, or similar fields.
B-2 Visitor Status → A short-term, nonimmigrant U.S. visa status allowing foreign nationals to stay for tourism, visiting family, or certain personal reasons.
I-539 Form → An official USCIS form used to apply for a change or extension of nonimmigrant status while inside the United States.
60-Day Grace Period → The time allowed for H-1B workers to leave, change jobs, or switch status after a job loss, without becoming out of status.
Out of Status → A term describing someone who is in the U.S. but no longer legally permitted to stay due to expired status or violation of visa terms.

This Article in a Nutshell

Changing from H-1B to B-2 after multiple layoffs is allowed, but each request faces greater USCIS scrutiny. Applicants must fully document each case, explain temporary intent, and file on time. Frequent B-2 requests raise future risks, so honest documentation and timely action are essential for maintaining legal status and visa eligibility.
— By VisaVerge.com

Read more:

• B-2 visa applications must be filed through the U.S. Department of State
• H-1B to B-2 Visa: What to Know After a Job Loss in the US
• You can adjust status with I-485 on a B-2 visa if eligible
• How Much Cash Can You Bring to the U.S. on a B-2 Visa for Tourism?
• March 2025 Visa Bulletin Brings Progress for EB-2 and EB-3 Applicants