Is COS to B2 required from H1b before quitting

[gb97ce6 0]

I am currently on H1B visa with I140 approved under EB3.

I am planning to quit the job within the next 2 weeks and return to my home country. I will need about 2 months to wrap up all the loose ends before leaving though.

Should I file for a B2 visa Change of Status, before my last day on the job?

I would like to avoid the paperwork if possible. What are my options?

[NancyNguyen 1,658]

It takes at least 3 months to change visa category so you decide. How about continue to work while wrapping up things and leave then you are ready.

[aaron2020 11,651]

Hi,

Its extremely unlikely that you will get a visitor visa to return to the US to wrap things up after quitting your job and leaving the US.

You are given 30 days after you quit your job to wrap things up. Given this opportunity, you are not likely to get addition time to wrap things up.

Edited July 17, 2014 by aaron2020

[Boiler 46,033]

It takes at least 3 months to change visa category so you decide. How about continue to work while wrapping up things and leave then you are ready.

I like this option, gives you maximum flexibility.

[Ryan H 3,829]

Moved from Adjustment of Status from Work, Student, & Tourist Visas forum to Work Visas forum. Edited July 17, 2014 by Ryan H

[Mollie09 1,543]

Hi,

Its extremely unlikely that you will get a visitor visa to return to the US to wrap things up after quitting your job and leaving the US.

You are given 30 days after you quit your job to wrap things up. Given this opportunity, you are not likely to get addition time to wrap things up.

Please everybody stop saying this. This isn't true. There is no grace period for H-1B. Status ends the day your employment ends, period.

OP, if you apply for any status change, you are not accruing illegal presence until a decision is made. That being said, it will be hard to have a H-1B to B-2 COS approved, but it's not impossible. Staying at your current job and keeping the H-1B valid while you wrap up is your best option.

[Mollie09 1,543]

Don't take it form me:

http://www.uscis.gov/tools/ombudsman-liaison/practical-immigration-consequences-foreign-workers-slowing-economy

"There is no automatic 10-day or other grace period for terminated employees holding H-1B status, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States."

[umeranyth 0]

OP,

Agreed with F1H1I130, there is no '30 day grace period'. It's a pervasive myth that needs to be stopped! Best to check with your lawyer, but in any case, it sounds like the wisest choice to switch to a B-2 to prevent yourself from accruing any unnecessary unlawful presence especially since your next step is the I-485.

Best of luck!