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Have H1B status terminated, so applied for B2 COS. And then applied for H1B again (pending). Can i withdraw from B2 COS now?

Employment 5 views 2 answers
H1B terminated due to layoff. So applied for B2 COS and later applied for H1B. So can i withdraw B2 before my H1B gets approved.

Attorney Answers

2
Lynne Feldman ·
No, the B-1/B-2 COS needs to be favorably adjudicated or the H-1B cannot be approved as a change of status. Alternatively, you can iwthdraw the change of status portion of the H-1B and seek consular processing for a new visa in this cateogry when the Petition is approved.
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