{ "media_type": "text", "post_content": "Options in case of lay-off. I have H1B with I-140 approved several years back as date is not current. My spouse and kid on H4. In case of any lay-off, I understand I have 60 days. I also heard that", "post_id": "5ea6103f25ab2e00240bd2c9", "reply_count": 7, "vote_count": 1, "bowl_id": "5abc4bc7cf9bd00013107acd", "bowl_name": "Global immigration ", "feed_type": "bowl" }

Options in case of lay-off. I have H1B with I-140 approved several years back as date is not current. My spouse and kid on H4. In case of any lay-off, I understand I have 60 days. I also heard that

like
Posting as :
works at
You are currently posting as works at

You can transfer to B1 the entire family for 8 months and if you can find a job, the employer can file H1B with cap exempt. Is it true. What are the key considerations ?

You have 60 days to find a new employer that will take over the H1B. As for conversion to B1/ B2 you will have to leave the country and renter on new the new visa.

Nope. I know someone that did it few years back. He didn't leave. He stayed on, got 797 for B2, continued searching and found a job. B2 to H1b happened, new 797 for h1b was received and he went for a vacation to India, got stamping done and came back into the US with no issues. B1 is 6 months not 8 as mentioned by OP. However, with this present uscis h1b to B1 is a high chance of denial

helpful

You can file a change of status to B1/B2 for you and the family while in the U.S.

Thanks. What if during that period of time I find a job, it is possible to me to get the H1B filed as I will be cap exempt ?

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