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.
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.