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Can I transfer from H1B to B2 then back to the same H1B again? Provided H1B is cap exempt and valid through 2015?

Bankruptcy and Debt 2 views 4 answers
I will be terminated from my Job on July 25, 2013 but am willing to stay in US. One of the things that was suggested by an immigration attorney is to switch to B2 before July 25 and find a job and switch my status back to the H1B. I wonder if this is possible.

Attorney Answers

4
Anu Gupta ·
Yes it is possible. However it will no longer be a transfer petition. You will need to wait till you get the H1 approved before you can start working. Also, B2s are discretionary. You will need to file the petition very carefully and time it so it gets approved.
0 upvotes
J Smith ·
Yes. However, you could benefit from the assistance of an immigration attorney. Good luck
0 upvotes
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Yes, if your application to COS to B-2 is ultimately approved or still pending and you will be able to find a new employer willing to petition for you you'll be able to get into H-1B status again, cap exempt.
0 upvotes
Franklyn G GokeyImmigration AttorneyFargo, ND ·
Your new employer will need to file an H-1B Petition on your behalf, which will be cap-exempt. This will need to be granted before you can start work for your new employer.
0 upvotes

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