1. H1B Visa and Grace Period

1.1 What is H1B Visa

The H1B visa is a non-immigrant visa granted to foreigners who work for U.S.-based employers in specialized occupations. These occupations, listed under the USCIS (U.S. Citizenship and Immigration Services) regulations, require that the foreign workers have at least a bachelor’s degree or equivalent work experience, along with proficient skills in their respective fields.

The H1B visa offers foreign workers an initial stay of 3 years, which can be extended to an additional 3 years. Upon reaching the 6-year limit, further extensions may be possible through specific applications.

Once the employment is terminated, H1B holders will have a 60-day grace period, during which they can look for a new job or plan for departure. It is crucial to maximize the benefits of grace period. Below are 7 things you need to know about the grace period: 

1.2 7 Things You Need to Know about Grace Period

• When does the grace period begin?

The grace period begins immediately upon the termination of your employment, so you don’t need to file an application for it. The grace period starts from your employment termination date. According to the official statement of USCIS, the work termination date is typically indicated by the employee’s final pay statement. 

If you are laid off with a severance pay period, your H1B status may remain valid during this period even if you stop working for the company. For example, Google’s severance period consists of a 60-day notification period, so you will have an additional 60 days . You may also try to negotiate with your employer to decide the last day of your pay stub. 

However, instead of presuming your employment end date, it is advisable to communicate with your employer to clarify the accurate date and talk with a lawyer. You might or might not qualify for additional days based on individual circumstances. 

• Can I use the H1B grace period multiple times?

The 60-day grace period can be utilized once per H-1B approval. This means that if your H1B transferred to a new company and subsequently get laid off, you will be granted another complete 60-day grace period.

For example, If you work at Company A, and then get laid off, after 30 days you find a new job at Company B. You work at Company B for some time and then get laid off again. At this point, you have a complete 60-day grace period, and the previous 30-day grace period from Company A will not be counted towards it.

Moreover, if you switch to a different status (e.g. B2 or F1) and then later return to H1B, you will receive a new H1B instead of H1B transfer, which means you will also get a full new 60-day grace period with your new H1B visa.

• Can I change my status during the grace period?

Yes, your H1B status is still valid during the grace period, so you can file an application for change of status. Once you file your application, you will enter a pending period, during which you are legally permitted to stay in the U.S.

• What if my H1B expires before the end of my grace period?

In this situation, your grace period will be shortened to match your H1B expiration date. For example, if your grace period start date is May 1, while your H1B end date is May 31, then you will only have a 31-day grace period, which ends on May 31. 

You can check the H1B expiration date on your I-94 document.

• Can I work during the grace period?

No, it is prohibited to engage in any form of employment during the grace period unless you transfer your H1B to the new employer. Also, you are not allowed to start your business to hire yourself during this time. 

• Can I travel internationally during the grace period?

No. If you leave the U.S. during the grace period, your grace period will end immediately. It is wise to suspend any plans for international travels during the period. 

• Can my H4 spouse work with H-4 EAD during my H1B grace period?

Yes, in most cases, your spouse can use the H-4 EAD to work during your grace period. 

The H4 holder’s status is dependent on the H1B holder. As mentioned, your H1B status remains valid during the grace period, which means the status of your H4 dependent also remains valid during this period. However, if your grace period is denied, your H4 dependent will lose his/her right to work immediately.

2. Reasons for Changing H1B Visa

For H1B visa holders in the U.S., maintaining their status can be challenging due to its dependency on a specific employer. It is thus particularly tough for them when facing a job loss or considering a job change. Transitioning to different visa types may provide a viable option for those encountering issues with their H1B status or exploring alternative options. 

You may consider changing to other statuses if you are an H1B holder: 

• Job Loss: who has been laid off from your H1B job and has not found new employment within the 60-day grace period.
• H1B Expiry: who is approaching the six-year limit of H1B and wishes to remain in the US by enrolling in a university.
• Further Education: who aims to further your education or career by pursuing a PhD, MBA, or other graduate degrees. 

3. Alternative Visa Options for H1B under Layoffs

H1B holders have multiple options for changing their status when facing layoffs: 

• F1 student status
• B2 tourist status
• H4 dependent status (if your spouse has a valid H1B status)
• F2 dependent status (if your spouse has a valid F1 status)
• O1 status (you may qualify for it if you have extraordinary achievements in fields such as sciences, education, business, and arts )

Among various status options, F1 and B2 are popular among H1B holders who are laid off and reaching the 6-year limit. When deciding between F1 and B2 visas, it is important to understand the natures of both visas as well as their restrictions. 

3.1 Option 1: F1 Status

3.1.1 What is F1 visa

The F1 visa is a non-immigrant visa that enables international students to pursue education at various levels of academic institutions in the US. 

3.1.2 Legitimacy of Changing from H1B to F1

Yes, you can switch from an H1B visa to an F1 student visa. You'll need to get accepted into a school first and then follow the steps given by the USCIS to change your visa status.

3.1.3 Potential Risks for Changing from H1B to F1 Status

• Compliance with F1 status regulations
  • Must attend accredited school and meet academic requirements
  • Attend classes, complete assignments, maintain decent GPA

3.2 Option 2: B2 Status

3.2.1 What is B2 Visa

B2 tourist visa is a nonimmigrant visa given to people who want to enter the U.S. for tourism. 

The tourist visa allows for a stay of up to 6 months for the purposes of vacation and tourism, with flexibility for location. For H1B holders who are laid off, the most urgent thing is to find new employment within the 60-day grace period. However, it can be challenging to secure a new job position within such a short time. Under this circumstance, you can shift to B2 status to get more time for job searching.

3.2.2 Legitimacy of Changing from H1B to B2

You may be concerned about the legitimacy of looking for a job on a tourist visa. No worries. It is completely legitimate to engage in job searching while holding a B1/B2 visa. As the USCIS stated explicitly in a tweet in March 2023: “Searching for employment and interviewing for a position are permissible B-1 or B-2 activities.”

This means that with a tourist visa, you will be allowed to apply to new jobs and even attend interviews for prospective positions in the U.S. With the combination of the 60-day grace period, the 6-month tourist visa, and the pending period in between, you will have enough time for seeking new employment in the U.S.

It is important to remember that you are not allowed to engage in any form of employment during this period. After securing new employment, you must submit a new application for a change of status. Only after the approval of your application and your new H1B effective date can you start to work. 

3.2.3 Potential Risks for Changing from H1B to B2 Status

• Limited time available for job searching
  
  • Only allow approximately 6 months plus pending period to stay and interviews
  • Would have to leave the US if fail to land on a job within the time frame
• Demonstrating genuine intent to depart the U.S. in change of status explanation letter
  • B2 visa does not allow for dual intent or pursuing permanent residency
  • Must provide compelling reasons aligning with background in explanation letter
• Strict avoidance of employment
  • Any form of employment would violate B2 status
  • If finding new job during pending period, must withdraw B2 and file new H1B
  • Challenges in setting employment start date with new employer

4. F1 vs. B2, how to choose

4.1 H1B to F1 vs. H1B to B2 Comparison 

If you are laid off while on an H1B visa, should you switch to an F1 or a B2 visa?

4.2 4 Factors to Decide Changing H1B to F1 or B2

If you're laid off while on an H1B visa, deciding between switching to an F1 student visa or a B2 tourist visa requires careful consideration of several factors:

1. Job Prospects: If you're optimistic about finding a job within about six months, despite economic challenges and increased competition, a B2 visa may suit you better. This option is viable if you anticipate a swift return to employment. On the other hand, if you foresee difficulties in securing a job that supports H1B transfer or if you aim for a longer-term stay in the U.S., consider switching to an F1 visa.

2. Grace Period: Evaluate the remaining time in your grace period. If you have less than 2-3 weeks left, switching to a B2 visa is more feasible due to time constraints. Transitioning to an F1 visa requires obtaining an admission offer and I-20 form from a school, which can take time. However, if your grace period exceeds three weeks, transitioning to an F1 visa is possible, and contact us! We can assist in obtaining the documents fast in 2 weeks!

3. Cost Considerations: As you can see int he cost breakdown chart above, switching to an F1 status involves additional costs compared to a B2 visa. For a Day 1 CPT university, you're only required to pay the first semester's tuition as opposed to the whole program or annual tuition fees, the tuition fees for one semester is typically between $2,000 and $5,000.

4. Green Card Process: If you've already filed an I-485 as part of your green card application, opting for a B2 visa is recommended since the F1 visa does not permit immigrant intent.

5. How to Change from H1B to F1 - Step by Step Guide

5.1 6 Steps for Changing from H1B to F1

5.2 What Kind of Schools/Programs Can You Choose

If you're considering a transition to F-1 status, there are several types of programs you can choose from.

• Traditional Master's Degree Programs: These are full-time graduate programs offered by universities and colleges. They typically have fixed enrollment window, and require a substantial course load and can take 1-2 years to complete, depending on the field of study.
• Day 1 CPT Programs: These programs allow international students to engage in practical training related to their field of study. Some schools offer "Day 1 CPT" programs, which allow you to use CPT and have full time or part time job to gain income and fill in career gap (no H1B transfer is needed). Contact us and get the full list of Day 1 CPT Universities!
• English Language Programs: Some universities and city colleges offer intensive English language programs for international students who want to improve their English proficiency before pursuing a degree program. However, choosing these programs might put you at risk, as USCIS may question why you choose to pursue a language program if you already have a degree and working experience in the United States, making it harder to justify your intention.

While all of these options are viable, Day 1 CPT programs may be the most attractive choice for those transitioning from H1B to F1 status. 

• Immediate Employment: Day 1 CPT schools allow F1 students to use CPT for full-time or part-time employment, on-campus or off-campus jobs, starting from their very first day of studies. Most traditional schools require F1 students to complete one academic year before becoming eligible for CPT, and during semesters they can only work up to 20 hours per week, with 40 hours allowed during breaks. Day 1 CPT schools provide F1 students more opportunities to work, gain experience, earn income to reduce financial pressures right from the start of their program.
• Affordable Tuition: Day 1 CPT programs typically have lower tuition fees compared to traditional degree programs, making them a more cost-effective option.
• Flexibility: Many Day 1 CPT schools have multiple enrollment windows throughout the year, allowing for a quicker transition from H-1B to F1 status.
• Streamlined Admission Process: The admission process for Day 1 CPT programs is often more straightforward and quicker than traditional degree programs, enabling you to obtain the required documentation for your F-1 visa application faster.
• Lower Course Load: Day 1 CPT programs generally have a lighter course load compared to traditional master's programs, allowing you to balance your studies with practical training or other commitments.
• Legitimacy: Day 1 CPT programs are recognized by the USCIS as a legitimate path to F-1 status, reducing the likelihood of your intent being questioned during future green card or visa change processes.

Therefore, Day 1 CPT schools provide a more direct and focused path to maintaining legal status in the United States while gaining practical experience in your field.

Note: If you are looking for jobs while holding a Day 1 CPT, you can share with your employer that you have Day 1 CPT which allows you to start working right away, without having to wait up to 2 months for an H1B transfer approval. Since you already have an H1B visa, you don't need to go through the lottery process again. You can start working first, and then your employer can assist with transferring your H-1B visa afterwards. This two-pronged approach allows you more flexibility in your employment.

Looking to enroll in a Day 1 CPT school? Contact us for free help!

5.3 Required Documents for Changing from H1B to F1

• Copy of the I-20 form with your signature on the Student Attestation section. This form is issued by the school you’ve been accepted into and indicates the duration of your program and the department in which you’ll be enrolled.
• The completed Form I-539 for the application to extend/change nonimmigrant status, along with a filing fee ($420 for online filing; $470 for paper filing, effective April, 2024) payable to the Department of Homeland Security.
• An explanation letter.
• Receipt of the I-901 SEVIS fee, which is $350.
• A financial statement demonstrating that you will be able to financially support your studies throughout the duration of your studies.
• Copies of passport and visa.
• Copy of Form I94, which indicates your arrival in and intended departure from the US.
• Copy of all prior H1B approvals.
• Copy of last three pay statements

* Beginning Oct. 1, 2023, the $85 biometric fee is no longer required.

5.4 Processing Time

The processing time typically ranges from 3 to 8 months, depending on individual situations. It is highly recommended to collaborate with your school’s DSOs when planning your change of status application timeline. Avoid traveling abroad while your application is pending, as it might complicate your case.

Premium processing is available for changing from H1B to F1. Premium processing guarantees responses from the USCIS within 30 calendar days once all required materials are submitted. If the gap between your application and the F1 program start date is too short, you can consider using premium processing to expedite the pending process. 

6. How to change from H1B to B2 - Step by Step Guide

6.1 5 Steps for Changing from H1B to B2 

6.2 Required Documents for Changing from H1B to B2

• The completed Form I-539 for the application to extend/change nonimmigrant status, along with a filing fee ($420 for online filing; $470 for paper filing) payable to the Department of Homeland Security.
• A financial statement demonstrating that you will be able to financially support the entire trip.
• An explanation letter describing your reason for change of status.
• Intended travel itinerary for your U.S. trip.
• Proof of strong ties to your home country.

Note: You may state your reasons to return to your home country after the U.S. trip, which could be family members you support at home, a job or academic program you are obligated to, or your assets in your home country. However, switching back to H1B after B1/B2 seamlessly may raise questions about your immigrant intent. You may need to consult with an attorney (link).

• Copies of passport and visa.
• Copy of Form I94, which indicates your arrival in and intended departure from the US.
• Recent digital photograph that meets the U.S.government guidelines. 

* Beginning Oct. 1, 2023, the $85 biometric fee is no longer required.

6.3 Processing Time

The processing time typically ranges from 3 to 8 months, depending on individual situations. It is highly recommended to collaborate with your school’s DSOs when planning your change of status application timeline. Avoid traveling abroad while your application is pending, as it might complicate your case.

No premium processing for B2 applications.

6.4 Filing Online or by Mail

When changing from an H1B visa to an F1 or B2 visa, applicants cannot apply online. Instead, they must submit their application through the mail.

If you have an H4 dependent also changing status, it's recommended to submit by mail. This way, both applications can be sent together in one package. If applying online, you would need to pay fees twice and the two applications may be processed separately.

Frequently Asked Questions