H1B to B2 Transfer (multiple questions)

[miamikk]

I completed 6 years of H1B in Sept 2009 and my employer has filed for recapture of time and after recapture my H1B should expire on Jan 15, 2010. I have received Notice of Action from USCIS and I am not sure if I will get approval notice before Jan 15 as I heard the regular application process might take up to 6 months.

I have couple of questions:

If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?

I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?

If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?

If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?

what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

I really appreciate any suggestions.

[wandmaker]

Originally Posted by miamikk

If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?

Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.

Originally Posted by miamikk

I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?

COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.

Originally Posted by miamikk

If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?

Make sure COS application reaches them before Jan 15th.

Originally Posted by miamikk

If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?

Dont work beyond the date requested in your H1B extension.

Originally Posted by miamikk

what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

Minimum of 1K attorney fees....

[H1bslave]

Please check you PM.

[Cranberry160]

Miamikk,

I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!


Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

Thanks!

[wandmaker]

Originally Posted by Cranberry160

Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

Thanks!

As long as your (immigration) records are clean, I do not see any issues in COSing to B2 from H1B. You do not have to go into greater detail about your future employment. You just need to mention that you have some personal closing tasks and site seeing to do before leaving the US for good, it should fetch you 6 months.

[miamikk]

I was able to file for COS on my own and successfully got it approved. The process took just about a month.