Loss of H-1B Job and Opting for B-2 Visa
1) I lost my job almost 6 months ago. I was on H1B with I-140 approved. I filed for a change of status to B2 (not approved yet). Now I have to extend again since I wasn't able to find a job and cannot move out of the USA right now.
How long/many times can one extend a B2 under the given circumstances?<br>
2) If for whatever reason say the original B2 petition filed in July gets denied do I get illegal presence for all these months from July? How long(days/weeks) does a person has to leave the country in this case?
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3) Any suggestion on what steps to take if USCIS does not approve COS from B2 (pending) to H1b but processes as consular processing. I am a Canadian resident but I heard only emergency visa appointments are available.
Watch the Video on this FAQ: Loss of H-1B Job and Opting for B-2 Visa
Video Transcript
1. Until the B-2 is denied you could try to keep getting it extended.
2. No, as long as a timely filed B-2 was pending you have no unlawful presence.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Rajiv has provided excellent advise and support guidance to obtain B2 visa as he is not Eligible for Derivative Status.