H1B to B2 Change of Status during covid-19 due to maxout

Hello Anil,

I am working in the US for the last 6 years. My max out date is in Jul 2020 including recapture time. My perm was filed on Oct 19 and is still pending.
My kids are US citizens and my wife is on H4. If I have to go back, I have to sell all my belongings and move to India. I can come back after my H1 is approved and stamped. During these uncertain times of COVID-19, selling all belonging seems a very daunting task. I am sure there must be other people sailing in my boat.

With premium processing suspended for H1B and I140, what are my options to continue staying in the US? Can I file for change my status to B2 and continue to stay on Loss of pay till Oct 2020 when my employer could file for a 1 yr extension for me.

I would appreciate it if you could share your thoughts on this.


You can file H1B to B2 change of status application but do it only if there is no other option left.


My H1B 6 years got completed on June 26th 2020. Because of COVID , I couldn’t get a chance to travel back and my employer filed my B2 visa to retain the status . With god grace my PERM got approved on July 1st and I have initiated a request for 140 premium with my attorney . If everything goes well and if I get my H1 extension approved based on 140. Is it possible for me to stay back and start working based on H1 approval ? What are the options I have? Please advise .


Hi @rakeshmce

Your scenario has been discussed here with attorney references:

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