(UNITED STATES) Losing an H-1B job is stressful, but you do have short‑term options. One common path is filing a change of status to B-2 visitor so you can stay in the country for a while longer without falling out of status. This route is legal, but it carries real risks, strict timing rules, and policy uncertainty you should understand before you rely on it.
How the 60‑Day Grace Period Fits Into the B‑2 Strategy
After your H‑1B job ends, you generally have a 60‑day grace period to take action. During this time, you can:
- Find a new H‑1B employer who will file a petition for you
- File for another status, such as a change of status to B‑2 (or B‑1)
- Prepare to depart the United States
According to analysis by VisaVerge.com, many laid‑off H‑1B workers use the B‑2 route as a “bridge” to stay in the country lawfully while they keep searching for work. USCIS currently allows H‑1B workers to file a change of status to B‑2 during the grace period, which can keep you in lawful status while your case is pending.
However, the B‑2 category is meant for visitors, not for people living in the United States long term or planning to work. That tension is at the heart of the risk.
Important filing timing:
– You must mail your application package at least 7 days before your 60‑day grace period ends.
– Missing that window can leave you without lawful status.
Step 1: Decide Whether B‑2 Really Fits Your Plan
Before you prepare forms, think carefully about what you truly need and what you can honestly tell USCIS.
B‑2 visitor status is for:
– Tourism
– Visiting family or friends
– Handling personal matters
It is not designed as a job‑search visa. At the same time, USCIS stated in a March 22, 2023 Twitter post that job searching is allowed while in B‑1 or B‑2 status, as long as you do not work until you’re authorized. That means:
- You can interview, attend job fairs, and talk to employers.
- You cannot start work or do any productive work that requires authorization.
The main legal risk involves your intent. B‑2 requires that you plan to leave the United States when your stay ends. If your application letter openly says your goal is to stay until you get a new H‑1B job, USCIS may doubt that you have true visitor intent.
Practical framing many applicants use:
– Explain the need for extra time to wrap up personal affairs, think through next steps, or spend a short period in the United States before leaving.
– Even when honest, officers can still question timing and motive, especially if you move quickly from B‑2 to a new H‑1B.
Step 2: Understand Policy Uncertainty Under the Current Administration
Policy signals can change and affect how USCIS evaluates B‑2 requests.
Key concerns:
– In 2025 under the Trump Administration, USCIS may take a more restrictive view of how B‑2 status can be used.
– There is particular concern that staying in the U.S. in B‑2 status primarily to look for new H‑1B employment may no longer be seen as a proper B‑2 purpose.
This does not mean you can’t file, but it means:
– An officer might question your B‑2 application if it appears mostly about work plans.
– There is some risk USCIS could deny cases that, in earlier years, may have been approved.
Because policies can shift, relying fully on B‑2 as a safe holding status always carries uncertainty. Many workers discuss their situation with an experienced immigration attorney before filing.
For official background on how USCIS describes visitor extensions and changes of status, review the agency’s guidance on the USCIS “Extend Your Stay” page: https://www.uscis.gov/visit-united-states/extend-your-stay.
Step 3: Preparing and Filing Form I‑539 for B‑2 Status
If you decide to move forward, you’ll need to file Form I‑539, Application to Extend/Change Nonimmigrant Status from inside the United States. Review the form and instructions on the official USCIS Form I‑539 page: https://www.uscis.gov/i-539.
Typical supporting documents for a change from H‑1B to B‑2:
– Financial statement showing you can support yourself without working
– Explanation letter describing why you want B‑2 status and how long you plan to stay
– Intended travel or stay plan, such as places you may visit or personal matters you must handle
– Evidence of ties to your home country, such as property, family, or a job you plan to return to
– Passport copies, including the biographic page and visa page
– Most recent I‑94 record
– Recent photograph that meets U.S. government photo rules
Processing and timing:
– No premium processing is available for Form I‑539 — you cannot pay to speed it up.
– Current processing for a change of status to B‑2 can run 3 to 8 months.
– You must expect to wait without work permission while the case is pending.
Urgent timing reminder:
– File before the end of your 60‑day grace period, ideally at least 7 days before it ends.
– Many workers prepare the packet as soon as a layoff occurs to avoid last‑minute rushes.
File the I-539 at least 7 days before the 60-day grace period ends; no premium processing is available. Expect 3–8 months of processing with no work authorization during the pendency.
Step 4: What Happens After You File the Change of Status
Once USCIS receives your Form I‑539, several things occur in sequence:
- Receipt notice – You get a receipt (Form I‑797C) with a case number and received date.
- Pending status – If you filed on time, you can usually remain in the United States while USCIS processes the case, even after the 60‑day grace period ends.
- No work allowed – You cannot work while the case is pending. You may look for jobs, but you must not perform services or accept pay.
USCIS can issue one of four decisions:
– Approval – Granted B‑2 status through a certain date; you may stay until that date as a visitor.
– Request for Evidence (RFE) – USCIS wants more proof (e.g., finances or stronger ties abroad). You must respond by the deadline or face denial.
– Notice of Intent to Deny (NOID) – The officer has serious concerns, often about intent. You can submit a detailed response, but denial is a real risk.
– Denial – If denied and your grace period has passed, you may be considered out of status and should quickly consider departure or other options.
Important travel warning:
– Avoid travel outside the United States while your B‑2 application is pending. Leaving can complicate or cancel the change of status request.
Key point: Filing on time usually lets you remain in the U.S. while the I‑539 is pending, but you cannot work and travel can jeopardize your application.
Step 5: Returning to H‑1B After a B‑2 Filing
If you later receive a job offer, your new employer can file an H‑1B petition with a request to change your status back to H‑1B.
USCIS practice to note:
– USCIS may adjudicate the pending B‑2 and the new H‑1B together when the H‑1B is filed with premium processing.
– That means USCIS may approve the new H‑1B petition and change your status to H‑1B without waiting to fully decide the earlier B‑2 application.
– You can regain H‑1B status without leaving the United States for a consular visa stamp if the change of status is approved.
Potential complication:
– If USCIS later approves the B‑2 after the H‑1B, you could inadvertently be returned to B‑2 status.
– Some workers therefore withdraw the pending B‑2 I‑539 after receiving H‑1B approval to avoid this outcome. This decision is fact‑specific and should be made carefully with legal advice.
Practical Risk Management and Documentation Tips
These cases often turn on credibility, timing, and clear records. Important guidance:
- Consistency – Keep your explanation letter, future H‑1B filings, and any interview answers aligned and truthful.
- Strong documentation – Provide clear evidence of funds, travel plans, and ties abroad.
- Careful language about intent – Avoid stating that B‑2 is only a holding pattern for a new job; instead explain short‑term, legitimate visitor reasons.
Because of the mix of legal rules and shifting policy, the source strongly recommends working with an experienced immigration attorney. A lawyer can help:
- Time your B‑2 filing correctly.
- Plan a strategy to return to H‑1B status.
- Decide whether and when to withdraw a pending B‑2 after a new H‑1B approval.
Final Takeaways
For many H‑1B workers, a change of status to B‑2 is a temporary safety net that buys time to think, look for work, or plan next steps. It is also a path filled with technical rules and policy gray areas.
- File within the 60‑day grace period, ideally ≥7 days before it ends.
- Be honest and consistent about your short‑term visitor plans.
- Expect months of processing and no work authorization while your I‑539 is pending.
- Consult an immigration attorney to manage timing, documentation, and any transition back to H‑1B.
Careful planning, clear evidence, and realistic awareness of risk are essential if you choose to use this option.
After H‑1B job loss, workers commonly use the 60‑day grace period to file Form I‑539 to change status to B‑2 and remain lawfully while searching for work. B‑2 is visitor status and forbids employment; USCIS scrutinizes intent and timing. File at least seven days before the grace period ends. Processing takes 3–8 months with no premium processing, and risks include RFEs, NOIDs, denials, and policy shifts — consult an immigration attorney.
