From Layoff or Gap to a Second Chance at H-1B

Many foreign professionals in the U.S. face a sudden disruption:

• A layoff while on H-1B
• The end of the 60-day grace period
• Loss of employment before securing a transfer

In these moments, H-1B to B-2 Change of Status is often used as a temporary legal bridge to remain in the United States.

But the next critical question quickly follows:

“Can I go from B-2 back to H-1B without leaving the U.S.?”

In many cases, yes — but timing, intent, and strategy are everything.

This guide explains the B-2 → H-1B Change of Status process, risks, timelines, and how Kulen Law Firm helps clients navigate this high-stakes transition.

Understanding the H-1B → B-2 → H-1B Strategy

Why People Move from H-1B to B-2

H-1B holders often file for B-2 Change of Status when:

• They are laid off and need time to job search
• The 60-day grace period is expiring
• They want to avoid unlawful presence
• An H-1B transfer is not immediately available

B-2 status allows a temporary lawful stay, but it does not permit work.

Can You Go from B-2 to H-1B?

Yes, B-2 to H-1B Change of Status is legally possible, but it is closely scrutinized by USCIS.

Approval depends on:

• Maintaining valid B-2 status
• Proper nonimmigrant intent at entry and during stay
• A bona fide H-1B job offer
• Correct timing of filings

This is not a routine filing and requires legal precision.

B-2 to H-1B Change of Status: Step-by-Step

1. Lawful Entry or Approval of B-2 Status

You must either:

• Enter the U.S. lawfully in B-2 status or
• Receive USCIS approval of H-1B → B-2 COS

Any gap or overstay creates serious risk.

2. Avoiding “Preconceived Intent” Issues

USCIS may question whether:

• You intended to work when entering on B-2
• The B-2 was used solely as a workaround

Strong documentation and credible timing are critical.

3. Securing an H-1B-Eligible Job Offer

The employer must:

• Offer a specialty occupation
• File a compliant H-1B petition
• Meet wage and LCA requirements

4. Filing H-1B with Change of Status from B-2

The petition must clearly request:

• H-1B classification
• Change of Status from B-2 to H-1B

Errors here often lead to consular processing requests or denials.

B-2 to H-1B Processing Time

Typical Timelines

• B-2 COS approval: Several months (varies)
• H-1B COS: Depends on service center and premium processing

⚠️ Overlapping filings require careful sequencing.

Premium processing can help — but does not cure intent issues.

Risks in B-2 to H-1B Change of Status

1. Intent Misrepresentation

B-2 is a visitor visa, not a work-bridge by default.

USCIS may deny COS if intent is not credible.

2. Unauthorized Activity

While on B-2, you cannot:

• Work
• Train
• Volunteer in a role resembling employment

Violations can permanently affect eligibility.

3. Timing Gaps

Filing too late or too early can trigger:

• Unlawful presence
• Denial without grace period
• Forced consular processing

Is Consular Processing Required?

Not always.

If COS is approved:

• You can start H-1B status inside the U.S.

If COS is denied but H-1B approved:

• You may need to leave the U.S. and obtain a visa stamp

This distinction must be planned before filing.

Can You Travel While B-2 → H-1B COS Is Pending?

Generally not recommended.

Travel may:

• Abandon the COS request
• Trigger consular processing
• Create re-entry complications

Always consult counsel before travel.

How Kulen Law Firm Helps with B-2 ↔ H-1B COS

B-2 to H-1B cases are among the most complex nonimmigrant filings.

Kulen Law Firm provides:

• Intent and risk assessment
• Filing sequence strategy
• Employer coordination
• RFE prevention
• Backup consular planning

Why Clients Choose Kulen Law

• Attorney-led strategy
• Transparent risk analysis
• Nationwide representation
• Deep experience with layoffs & status recovery

Change of Status Lawyer
https://www.kulenlawfirm.com/change-of-status-lawyer

FAQ – B-2 to H-1B Change of Status

Can I go from B-2 to H-1B without leaving the U.S.?

Yes, if USCIS approves the Change of Status request. Approval depends on lawful status, intent, and proper filing.

Is B-2 to H-1B Change of Status risky?

Yes. USCIS closely reviews intent and timing. Legal strategy is critical.

How long does B-2 to H-1B processing take?

Processing times vary. Premium processing can speed up the H-1B decision but does not guarantee COS approval.

Can I work while my B-2 to H-1B COS is pending?

No. Employment while in B-2 status is prohibited.

Does filing B-2 help preserve lawful stay after H-1B layoff?

Yes, when filed timely and properly, it can prevent unlawful presence.

What if USCIS denies the Change of Status?

You may need to leave the U.S. and complete consular processing or depart immediately, depending on timing.

Can a new employer file H-1B while I’m on B-2?

Yes, but the filing must address intent and status continuity carefully.

Why hire a Change of Status lawyer for B-2 to H-1B?

Because small mistakes can lead to denial, removal, or long-term immigration consequences.