Key Takeaways
• You have a 60-day grace period after losing your H-1B job to change status or leave the U.S.
• Switching from H-1B to B-2 visa allows a legal stay for up to six additional months.
• You must file Form I-539, and provide proof of funds, intent, and home ties before the grace period ends.
Losing your job while holding an H-1B visa in the United States 🇺🇸 can be stressful, but it does not mean you must leave right away. Many people in this situation look for ways to stay in the country a little longer while planning their next move. One way to do this is by switching to a B-2 visitor visa. This guide explains, step by step, how to go from H-1B status to B-2 status, what documents you’ll need, what timelines to expect, and what your options are if things change.
What Happens When You Lose Your H-1B Job?
If you lose your job while on an H-1B visa, you do not immediately lose your legal status. You get a 60-day grace period. During this time, you are allowed to stay in the United States 🇺🇸 and decide what to do next. This grace period is very important. You can use this time to look for a new employer, file to change your visa status, or make plans to leave the country. If you do not make a change or leave within the 60 days, you will fall out of status, which could harm your ability to return later.
Important: The 60-day grace period starts the day after your last day at work.
Tip: Document your last day of employment. Having proof (such as a letter from your employer or a final paycheck) is helpful if the government has questions about when your grace period started.
Why Consider Changing From H-1B to B-2 Visa?
Switching from H-1B to B-2 status gives you extra time in the United States 🇺🇸 without needing to rush out immediately. The B-2 visa is for visitors who want to stay temporarily for tourism or personal reasons. Many people use this time to settle personal matters, say goodbye to friends, finish up school for their children, or simply explore job options (although you cannot work while on B-2 status).
Some reasons to change to B-2 status:
– You need more time to plan your future in the United States 🇺🇸 or abroad
– You want to stay longer for personal reasons (family, health, tourism)
– You want to explore new job options, but are not ready to start working
– You wish to avoid leaving the country and reapplying for a new visa later
Note: B-2 status does not allow you to work or study full-time. It is only for personal or tourism purposes.
Step-by-Step Guide: Changing From H-1B to B-2 Visa
Step 1: Check Your 60-Day Grace Period
- Mark your last day of H-1B work.
- Count 60 days from that date—this is your timeframe to act.
- Use this period to review your options and gather documents.
Caution: If you wait until after the 60-day grace period, you will be out of status. Always start your application early to avoid last-minute problems.
Step 2: Prepare Form I-539
- The key form for changing status is Form I-539, Application to Extend/Change Nonimmigrant Status.
- Download the latest version from the official U.S. Citizenship and Immigration Services (USCIS) website.
- Fill out all sections carefully.
Step 3: Gather Required Documents
For a strong application, you must include:
- Completed Form I-539: Do not leave any sections blank.
- Financial proof: Show bank statements or proof that you can pay for your living expenses during your B-2 stay.
- Letter of explanation: Write a short letter saying why you wish to switch to B-2 status (for example, “to visit family, travel, or handle personal matters”).
- Travel plans: Include details or plans for what you intend to do as a B-2 visitor.
- Home country ties: Provide proof that you plan to leave the United States 🇺🇸 when your B-2 visit ends (like property ownership, a job offer at home, or family connections).
- Passport copy: Include pages showing your identification, visa stamps, and your most recent I-94 arrival/departure record.
- Digital photograph: This must follow U.S. government photo rules.
- Filing fee: Check the latest fee on the USCIS website and pay the correct amount.
Checklist:
– [ ] Form I-539
– [ ] Financial evidence
– [ ] Letter explaining your purpose
– [ ] Travel plans or itinerary
– [ ] Proof of ties to your home country
– [ ] Passport copy with visa, I-94
– [ ] Digital photograph
– [ ] Correct filing fee
Step 4: File Before the Deadline
- File Form I-539 and all supporting documents before your 60-day grace period ends.
- You may file online or by mail (online is usually faster and easier to track).
- Keep copies of everything you send.
- After filing, you will get a receipt notice. Save this notice, as it proves your application is “pending” (still being processed).
Important: Filing before your grace period runs out is key. Late filings are usually rejected.
Step 5: Wait for Processing
- The processing time for a change of status to B-2 can take three to eight months.
- During this time, you are not allowed to work, but you can legally stay in the United States 🇺🇸 as long as your application was timely filed.
- USCIS may ask for more evidence (“Request for Evidence”), if needed. Respond quickly and fully.
- Once approved, you will get B-2 status for up to six months.
Note: Always check your application status on the USCIS Case Status website.
What to Do While Waiting
- Remain in the United States 🇺🇸 while your application is pending.
- Do not start work. Working during this period can lead to denial and problems later.
- Collect and organize all documents related to your H-1B and B-2 status change for your own records.
Common Pitfalls:
– Working while your B-2 application is pending (this is not allowed)
– Failing to apply before the end of your grace period
– Forgetting to provide proof that you have strong ties to your home country
Returning to H-1B Status if You Find a New Job
If you find a new employer who is willing to sponsor you while your B-2 application is being reviewed, you may switch back to H-1B:
- The new employer must file a new H-1B petition on your behalf.
- It is smart to use “premium processing” for this petition, which usually means a faster answer from USCIS.
- The new H-1B petition should clearly state your current status (“B-2 pending”).
- Once approved, you gain H-1B status again—you do not have to leave the country or go for a new visa interview.
Tip: If you are offered a new job, tell your new employer about your B-2 application status right away, so they fill out the H-1B petition correctly.
As reported by VisaVerge.com, this process allows people to stay flexible and avoid leaving the United States 🇺🇸 while waiting for a new work opportunity.
What If Your B-2 Application Is Denied?
- If your application is denied, you must stop any visitor activity and leave the United States 🇺🇸 as soon as possible.
- Staying in the United States 🇺🇸 after a denial can hurt your chances for future visas.
Alternative: If your application has not been decided and your 60-day grace period is ending, you can still leave the United States 🇺🇸 and apply for a visitor visa from abroad. Sometimes this is faster, but it carries the risk that you may be denied and not be able to return soon.
Other Options Besides B-2 Status
Changing to B-2 is popular, but not your only choice. Here are some other paths to consider during your 60-day grace period:
- Find a new H-1B sponsor: If you get a new job quickly, your new employer can file an H-1B petition on your behalf right away (this is often the best-case scenario).
- Change to F-1 student status: If you plan to start a degree or study program, consider switching to a student visa.
- Change to H-4 dependent status: If your spouse has an H-1B, you might be able to switch to H-4 (as their dependent).
- Temporary departure: You can leave the United States 🇺🇸 and later apply for a B-1/B-2 visitor visa from your home country.
Important Reminder: Every change of status request is considered on a case-by-case basis by USCIS. There is no guarantee that it will be approved, but submitting a clear, honest application with proof of your intent to leave after your stay improves your chances.
Key Points to Remember
- The 60-day grace period is your window to act.
- File your B-2 application before the grace period ends to stay legally in the United States 🇺🇸.
- You cannot work under B-2 status or while your application is pending.
- Keep records of everything and track your case status.
- If you find a new job, you can try to return to H-1B status without leaving the United States 🇺🇸.
- Having clear plans to return home and showing ties to your country help with your B-2 application.
What to Expect After Approval
If your change to B-2 is approved, you will get a notice from USCIS. You may stay in the United States 🇺🇸 as a visitor for up to six months. You can use this time for personal reasons, travel, or to prepare for your next steps. Before your B-2 status expires, make sure to leave the United States 🇺🇸 or file for another legal status.
Tip: Overstaying your B-2 can lead to being barred from the United States 🇺🇸 in the future.
Where to Find More Information or Get Help
For official details or to file forms, always use the USCIS change of status page. If you are unsure about any steps, you might want to consult with a qualified immigration lawyer.
Checklist for Changing From H-1B to B-2 Visa
- [ ] Know your last H-1B workday and mark your 60-day grace period
- [ ] Download and fill out Form I-539
- [ ] Collect financial, personal, and travel documents
- [ ] Write a clear explanation letter
- [ ] Prepare supporting documents (ties to home country, photo, passport, I-94)
- [ ] Check the latest B-2 application fee on the USCIS website and pay it
- [ ] File your application before the 60-day deadline
- [ ] Track your application and answer any USCIS requests quickly
Changing from an H-1B to B-2 visa is a common way to legally remain in the United States 🇺🇸 while you plan your next steps after losing your job. By following these steps carefully, staying within your 60-day grace period, and submitting all needed paperwork, you can smooth the transition and keep your future options open. If your situation changes, like if you find a new job or decide to study, you can switch paths quickly, as long as you stay aware of your timelines and stay in legal status. For up-to-date guidance, always check the official USCIS resources and consider consulting an immigration professional for advice tailored to your needs.
Learn Today
H-1B Visa → A U.S. nonimmigrant visa that allows employers to temporarily employ foreign workers in specialty occupations.
B-2 Visa → A visitor visa for people entering the U.S. temporarily for tourism, visiting family, or personal reasons, not work.
60-day Grace Period → The period after losing H-1B employment when you’re still legally allowed to remain in the U.S.
Form I-539 → The USCIS form used for applying to extend or change nonimmigrant status within the United States.
USCIS → United States Citizenship and Immigration Services, the agency handling lawful immigration to the United States.
This Article in a Nutshell
Losing your H-1B job can be stressful, but the 60-day grace period offers a vital window. Applying for a B-2 visa is popular, letting you stay legally while planning your future. Timely filing, complete documentation, and awareness of options are key for a smooth status change and legal compliance.
— By VisaVerge.com
Read more:
• 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
• USCIS Updates EB-2 National Interest Waiver Guidance
• EB-2 Visa: Updated Rules for Applying Without a Job Offer
