H1B Transfer after grace period by entering on business visa


  1. Laid off Dec 4th
  2. 60th day: Feb 2nd

I’m pretty confident I’ll receive an offer soon, but It might be after the 2nd.
I was planing to go out of the US and re-entry on a Tourist Visa and then start transfer of my H1B.

What happen to my H1B in that case?

When do you plan to travel? After filing H1b transfer or before filing transfer?

Do you already have B1/B2 visa or you plan to file it after leaving US?

I already have a B1/B2… I’m planning to travel before filing transfer

You can do it but I do not suggest to use B1/B2 to enter US. It is much better to file H1B transfer and wait for result outside US.

Once H1B is approved, come back to US.

Thanks, what are the implications of entering on a B1/B2??

B1/B2’s intent is tourism or business meeting whereas H1B intent is work.

Since you have been working in US on H1B, immigration officer may doubt your ‘intent’ and may deny entry. Its up-to the officer.

make sense, last one and to confirm.

H1B can be transfer at any time until the stamp expiration date? (even been out of the country)?

H1B can be transferred irrespective of visa stamp validity.

It does not matter if the visa stamp is valid or has expired.

I meant, H1B can be transfer even after the 60 days grace period, as long you are on a valid status (i.e different visa or out of the country), correct?

What is the time limit of the H1B transfer period the 3 years? (Or 6 with extension?)

There is no time limit. You can use your H1B as long as you do not exhaust 6 year quota by staying and working in USA.