Change of Status - H1B to B1/B2

Hi Folks,

I am maxing out on Aug -10 - 2023. Consumed all 6 years.
My PERM is still pending to be certified. Priority date is October-5-22.

I am planning to do COS to B1/B2 to be in USA after my max out. Once PERM is certified, i-140 in premium and then h1b extension.

Can i do it, is it legal?
Let’s say my COS to b1/b2 is still pending and when we apply for h1B after 1-140 approval, can i easily switch back to h1b and start working?

has anyone gone thru similar scenarios? Any input / guidance will be highly appreciated.


It is legal to file b1/b2.

The H1B may not be approved until the pending b1/b2 is approved first as the bridge needs to be completed between applications.

1 Like

Thanks for your prompt reply as usual.

One more thing, my last h1b extension is still pending, it was filed in April. The extension is requested till Aug -10-2023 as it will be my end of 6 Year.
So, if I don’t get any decision by Aug-10-2023, then can I continue to stay legally?