Legal Question in Immigration Law in New Jersey

changing status from h1b to b2 visa

Hi,

I want to transfer from h1 to B2, what are the chances of getting approved. Below are the points to be considered:

-H1b visa expired last 08/30/08

-H1b visa Extension was filed by employer last 06/25/08

-H1b Extension is now RFE by USCIS since 04/03/09 and need to comply by 05/18/09

-using the 240 days to stay on the project and legally in the US

-project with end-client is until 03/31/10

-H1b extension does guarantee approval

Also, what is the best reason for applying B2 so that it will guarantee an approval?

Would appreciate any response.

Thanks in advance!


Asked on 4/21/09, 10:13 pm

2 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: changing status from h1b to b2 visa

Why do you want a B-2 visa?

Are you clear on the fact that a B-2 visa is a "Temporary Visitor" visa only for the purpose of holiday/ pleasure?

You will not be able to work if you have this type of visa.

Antoinette M. Wooten, Esq.

Belleville, NJ

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Answered on 4/24/09, 3:27 pm
Lisa Brenman Brenman Immigration Law Firm, PLLC

Re: changing status from h1b to b2 visa

There are no guarantees of success in immigration law. However, the B-2 status is available for people intending to be in the US as tourists or visitors. The B-2 applicant must have the mental intent to return to the home country before the B-2 status expires. We have been successful in obtaining a change of status to B-2 for many clients when the facts warrant B-2 status. Feel free to contact me if you need more information.

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Answered on 4/21/09, 11:51 pm


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