How to Write an Explanation Letter for H1B Status Change After Layoff
What is an Explanation Letter and Why is It Important?
H1B visa holders who are laid off must file their application for a change of status with USCIS (United States Citizenship and Immigration Services) by the end of the end of the 60-day grace period.
Within the 60 days, you need to prepare all required documents, including an explanation attached to the I-539 form. In this letter, you are supposed to present convincing reasons for changing your status.
This letter will be carefully scrutinized by the USCIS officers. A well-crafted explanation letter can provide a strong justification for your decision to change your status after arriving in the U.S., thus enhancing the success rate of your application.
By contrast, a poorly written letter might raise suspicion of your genuine intention to change your status, reducing the possibility of getting your application approved.
3 Common Options for Changing Status from H1B
When writing an explanation letter, it is important to align the content with your new intended status. Below are 3 common options for H1B holders who are laid off:
H1B to F1
By shifting to F1 student status, you can stay in the U.S. for the duration of your new program. This can also be a great opportunity to enhance your knowledge and skills, preparing you for future career development. As an F1 student, you may be eligible for work permits such as CPT and OPT.
If you intend to resume work as soon as possible, you can choose to attend Day 1 CPT universities, which allow you to start working from the first day of enrollment and offer flexible enrollment windows, making them suitable for those under time pressure due to the grace period.
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H1B to B2
Switching to B2 tourist status guarantees you a stay of up to 6 months. During this period, you are allowed to search for jobs and attend interviews. Once you obtain a new job, you can transition back to H1B status.
H1B to H4
This option is applicable to those whose spouse also has an H1B. If your spouse has an H1B, you can change to H4 dependent status.
Key Components of an Effective Explanation Letter
Dos
- Current Status: Indicate your current status and describe how you maintain your current status.
- Intended Change and Reason: Indicate the status you intend to change to and explain why you are applying for a change of status.
- Plans After Changing Status: Describe your plans for what you intend to do after changing your status.
- Long-Term Plans: Indicate your long-term plans, including what you plan to do after the term of your new status.
- Understanding of Immigration Policies: Emphasize your understanding of the end date of your new status and your commitment to complying with all relevant USCIS regulations.
- Leave a Signature: Don’t forget to provide your signature at the end of the letter.
Don’ts
- Express your immigrant intent: Change of status is for transitioning from one nonimmigrant status to another, so do not express your intention to stay in the U.S. in the long run.
- Misdescribe your original purpose to get into the U.S.: Align with the purpose of the visa by which you entered the U.S. If you entered the U.S. with an H1B visa, emphasize your original intention to work.
Sample Explanation Letters
H1B to F1
[Your Street address]
[City, State, Zip]
[Email Address]
[Phone Number]
[Date]
[USCIS Mailing Address]
Request for Change of Status from H1B to F1, effective on [I-20 Program Start Date].
Dear USCIS Officers:
I am writing to formally request a change of my immigration status from H1B to F1. My current H1B status is set to expire on [Expiration Date], and I wish to transition to F1 status to pursue higher education in the United States.
I was previously employed as [Job Position] at [Employer’s Name] on an H-1B visa. I have maintained my H1B status by working full-time at [Employer’s Name] since [Start Date]. However, my employment with [Company] ended on [Employment End Date].
I am seeking to change my status to F1 to enroll in a full-time academic program at [University Name]. I have been accepted into the [Degree Program] starting in the [Fall/Spring] semester of [Year]. I am passionate about [Field of Study] and believe that furthering my education at [University Name] will provide me with the opportunity to gain advanced knowledge and practical experience that is unavailable in my home country.
Upon approval of my F1 status, I plan to focus on my studies and fully engage in the academic and research opportunities provided by [University Name]. I am committed to maintaining full-time student status, as required by F1 regulations.
I understand that the F1 status is intended for educational purposes. I am fully aware of the end date of my new status and am committed to complying with all relevant immigration regulations. Upon completion of my studies, I will return to my home country to apply the knowledge and skills I have gained.
After completing my degree, I plan to use the knowledge and experience obtained from [University Name] to contribute to [Field of Study] in my home country. My long-term goal is to [specific career goal], which I believe will be greatly facilitated by the education and experiences I will gain during my time as an F1 student.
Enclosed with this letter, please find the following supporting documents:
- Copy of I-94 Arrival/Departure Record
- Copy of H-1B Approval Notice
- Copy of [University] Acceptance Letter for [Program Start Time]
- Copy of evidence of sufficient funds to cover tuition and living expenses
- Form I-539 Application to Change/Extend Nonimmigrant Status
I am maintaining lawful immigration status in the United States throughout this transition and change of status request. During my previous employment, I adhered to all H1B regulations, including maintaining full-time employment and fulfilling my professional responsibilities. I will depart the U.S. immediately if my change of status is not approved by the program start date.
Thank you for your consideration of my request. Please contact me if any additional information is required.
Sincerely,
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H1B to B2
Request for Change of Status from H1B to B2, effective on [Intended Start Date].
Dear USCIS Officers:
I am writing to formally request a change of my immigration status from H1B to B2. My current H1B status is set to expire on [Expiration Date], and I wish to transition to B2 status to remain in the United States temporarily for tourism.
I was previously employed as [Job Position] at [Employer’s Name] on an H-1B visa. I have maintained my H1B status by working full-time at [Employer’s Name] since [Start Date]. However, my employment with [Company] ended on [Employment End Date]. I do not have any immediate plans to re-enter the workforce in the United States at this time.
I am seeking to change my status to B2 so that I can remain in the U.S. temporarily as a tourist. My reasons for requesting B-2 status are:
- To travel within the United States and visit friends
- To take a break from employment and enjoy my hobbies/personal interests
Given my current situation, I believe this transition will provide me with the opportunity to reflect and plan my next professional steps.
Upon approval of my B2 status, I plan to travel across the U.S. and visit [cities or landmarks]. I also intend to reconnect with friends residing here. This temporary stay will give me the time needed to evaluate my career options and decide on my next steps. I am committed to adhering to the terms of the B2 visa and will not engage in any employment during this period.
I understand that the B2 status is temporary and specifically intended for tourism and personal visits. I am fully aware of the end date of my new status and am committed to complying with all relevant immigration regulations. I will depart the United States before the expiration of my B2 status.
After my stay in the United States, I plan to return to my home country to pursue new professional opportunities. The time spent in the U.S. will allow me to gain new experiences and perspectives, which will be beneficial for my future career.
Enclosed with this letter, please find the following supporting documents:
- Copy of I-94 Arrival/Departure Record
- Copy of H-1B Approval Notice
- Copy of evidence of sufficient funds to cover your trips
- Form I-539 Application to Change/Extend Nonimmigrant Status
I am maintaining lawful immigration status in the United States throughout this transition and change of status request. During my previous employment, I adhered to all H1B regulations, including maintaining full-time employment and fulfilling my professional responsibilities. I will depart the U.S. immediately if my change of status is not approved by the program start date.
Thank you for your consideration of my request. Please contact me if any additional information is required.
Sincerely,
Conclusions
A detailed and convincing explanation letter is crucial when requesting a change of status with USCIS. In the letter, you need to clearly state your current and requested new status, explain the reasoning behind the change, and include all relevant supporting documentation. A well-written, comprehensive letter demonstrates your valid status and preparation, which can enhance the likelihood that your request will be approved.
FAQs
Have Question? We are here to help
Do I have to consult an immigration attorney when crafting an explanation letter?
No. Consulting an immigration attorney is not required when drafting an explanation letter for a change of status application. However, an experienced immigration lawyer can help you avoid common mistakes, strengthen your explanation, and increase the chances of your application being approved by ensuring your letter presents a compelling case.
How long is an explanation letter supposed to be?
There is no formally defined length requirement for an explanation letter. The most important factor is that your letter provides a clear and compelling explanation for the reasons behind your status change, regardless of whether that takes a few paragraphs or multiple pages.