- When your H-1B employment ends, you have a 60-day grace period to find a new sponsor, change your status, or leave the U.S.
- You may be able to file a change of status to B-2 near the end of that 60-day window if you need to wrap up your affairs in the U.S.
- B-2 status allows you to remain temporarily but does not permit any kind of work or paid activity.
- The B-2 stay period is typically up to six months, but the exact duration is determined by CBP, or USCIS if applying inside the U.S.
- Alternatives like the O-1, L-1, EB-1, EB-2 NIW, or F-1 visa may offer better long-term options for those who wish to continue their careers in the U.S.
When your H-1B status is close to expiring, and you don’t have another job lined up, the stakes are high. You want to stay in the U.S. and keep your career and immigration goals on track, but without an employer to sponsor you, your options are limited.
If you need to stay in the U.S. past your H-1B visa expiration date to tie up loose ends, one potential option could beto switch to a B-2 visitor visa. It’s not a permanent solution, but requesting a change to B-2 status can allow you a bit of time to remain in the U.S. legally while you take care of any unfinished tasks.
Understanding the switch from H-1B to B-2
When your H-1B employment ends, you have a 60-day grace period or until the end of your H-1B validity period, whichever is sooner, to either leave the U.S. or take an action that allows you to remain in a period of authorized stay. One of those actions is filing to change your nonimmigrant status.
The U.S. offers visitor visas designed for people who want to enter the United States temporarily, either for business (B-1), tourism (B-2), or both business and tourism purposes (B-1/B-2). These visas let you remain in the U.S. for up to six months, although the approved time frame for each visa is determined by U.S. Customs and Border Protection (CBP) at the time of entry and may be less than the six-month maximum.
As an H-1B holder, changing to B-1, B-2, or B-1/B-2 status could provide a way to avoid accumulating unlawful status and extend your stay in the U.S. while you search for options.
U.S. Citizenship and Immigration Services (USCIS) officers, however, are taking a stricter stance when reviewing these types of change of status petitions, which are also known as “bridge petitions.”
“It’s still an option for someone who is trying to wrap up their affairs and wants to maintain their legal status, but if you need to apply for a B-2, you should consult an immigration attorney,” said Ana Gabriela Urizar, an immigration attorney with Manifest Law.
But while these visas can buy you time, you’ll still need to plan to leave the U.S. if you don’t have another H-1B role or other visa lined up.
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Limitations of the B-2 visa for H-1B visa holders
If you need to make the switch from an H-1B to a B-2 visa, there are several important limitations to keep in mind.
You can’t work on a B-2 visa
As a B-2 visa holder, you’re free to research new job opportunities or apply for jobs. But you’re not allowed to actually work (including full-time, part-time, freelance, or contract work) or earn income of any kind.
B-2 visa approval isn’t guaranteed
B-2 visa approval is at the discretion of USCIS. To get approved, you’ll need to show that you are a “bona fide nonimmigrant.” This can prove challenging if the reason you’re applying for the B-2 visa is to try to find a new job that allows you to continue working and living in the United States long-term, especially if you already have any I-130 or I-140 petitions approved that show you have an intention to remain in the U.S. permanently.
You’ll need to prove financial stability while staying on a B-2
To get approved for a B-2 visa, you need to prove that you can financially support yourself throughout the duration of your visa stay without earning any income. If you’ve just lost your H-1B job, you might have difficulty showing you have adequate funding.
Length of stay may vary
As mentioned, the B-2 visa allows you to stay in the U.S. for a maximum of six months. But that six months isn’t a guarantee. CBP can approve a shorter length of stay at their discretion—so make sure to check your I-94 and confirm your B-2 expiration date.
How to change from H-1B to B-2
If you do decide to make the switch from H-1B to B-2 status, you’ll need to file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. (If you have eligible dependents, you can include them as co-applicants using Form I-539A.)
Your application will also need supporting documents, including:
- A copy of your I-94 and passport (and copies for co-applicants, if applicable)
- Proof of prior H-1B status (like approval notices, H-1B visa stamp, and/or I-129 petition)
- Proof of financial stability (like bank statements or pay stubs)
- A written statement explaining your status change requests, plans for your stay, and intent to leave the U.S.
Cost of changing from an H-1B to B-2 visa
The filing fees for Form I-539 are $470 to file by mail and $420 to file online. (Note only applicants who are filing alone and don’t require representation at any point during their request can file online.) To file by mail, send your application and filing fee to the appropriate USCIS Form I-539 filing address. To file online, visit myUSCIS.
It’s also important to note that the $100,000 one-time filing fee only applies to certain new H-1B petitions. It does NOT apply when changing your status from H-1B to B-2 within the U.S.
When should H-1Bs apply for the B-2?
USCIS must receive your Form I-539 before the end of your 60-day grace period. You don’t want to risk a potential lapse in legal status, but a change of status should be used when you need it, not strictly to extend a grace period. Once USCIS confirms receipt, you’re authorized to remain in the U.S. while your application is processed; however, USCIS processing times could take several months.
Alternatives to the B-2 for H-1B visa holders
While a B-2 change of status can give you short-term breathing room to wrap up your affairs, it’s not a path to living and working in the U.S. long term. If that’s your ultimate goal, you should explore other options:
- Another employment-based visa, like the O-1 visa for individuals with extraordinary ability or the L-1 visa for intracompany transfers
- Applying for a Green Card (for example, EB-1 or EB-2 NIW),
- A student visa to go back to school in the U.S., such as the F-1
Changing back to H-1B status from a B-2
If you change your status to a B-2 and end up receiving a new H-1B job offer, your new employer can submit an H-1B petition for you. However, this pathway is not guaranteed.
Urizar said she’s seeing Requests for Evidence (RFEs) issued in many of these cases, and you should consult an immigration attorney if that happens in your case.
“USCIS is asking for proof of continuous lawful status or waiting on the B-2 decision before approving the new H-1B.” she said. “Many are still approved, though sometimes they convert the H1B to consular processing instead of in-country change of status. An RFE here is common, not fatal, but it needs a clean response showing the B-2 was timely filed and you maintained status.”
How Manifest Law can help you find the best way forward
The recent H-1B policy changes have left many visa holders uncertain about their future. At Manifest Law, our H-1B visa lawyers can help you identify the best path forward—whether that means changing from H-1B to B-2 to extend your stay, pursuing another work visa or Green Card like the O-1 or EB-2 NIW, or exploring a different path that best suits your unique immigration goals. Our team is here to guide you through your options as an H-1B visa holder and create a clear plan to continue your life and career in the U.S.
Want to learn more about how Manifest Law can support you on your immigration journey? Request a consultation today.
