Legal Question in Immigration Law in New York

Re: Transferring H1B to B2 Visa

There is no grace period upon your quitting your job. Unless you file for a change of status to that of a B-2 prior to your last date of employment, you will be out of status. Once you file the B-2 application, you will be permitted to remain in the U.S. pending adjudication of the B-2 application (which may take 2-3 months for adjudication).

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

Re: Transferring H1B to B2 Visa

I would need more information regarding your particular case before I can comment on it properly.

However, I am sure you are aware that the H1-B visa means you entered the country to work for one particular employer. Therefore, if you quite your job you would only have 10 days in which to leave the country and return to your country of origin.

Failing to leave within that 10 day period will mean that you are then illegally in the country.

In applying for a B2 visa you would have to do it from your country of origin so that the necessary investigation can be made by the immigration service.