Change of status from H1B to B2 with approved I-140


Due to family reasons I may have to return to India, after leaving my H1B job. My I-140 was approved in 2019, my son is a US GC holder & should be able to apply for citizenship in ~2 years.

A few questions:
Can I change my status from H1B to B2 before I leave the US?
At what point does one give up H1B?
How much time does it take?


You dont need to change status. The I-94 status will expire once you resign from your job and leave within 60 days or asap from the last day at the job.

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In this context, can the H1B holder file I-539 for change of status to B1/B2, provided the I-94 is still valid?

Yes you can file for change of status while your H1B I-94 is still valid, if you think your stay may extend beyond 60 days from the last day at your job.


Thanks for all your help.
Main question now: How to get B visa stamp on passport for future entries. Current I-539 processing time is 2+ years.

2 Options I can think of:

  • Can I hold valid H1B and B visa simultaneously? In that case I can go to Mexico now to get B visa. Do not know if they will allow and if I can hold both, when current H1B is valid.
  • Can I leave the US during the 60-day stay period (after resignation) & get B visa in Mexico. Will I be allowed re-entry on H1B (though resigned) if there is some issue in getting B visa in Mexico?
    Thanks for help.