USCIS Official Guidance: USCIS explicitly permits H-1B workers whose employment has ended to file Form I-539 for a Change of Status (COS) to B-1/B-2 visitor status within their 60-day grace period to search for new employment.
60-Day Grace Period Filing Evaluator
How the "B-2 Bridge Strategy" Works
The B-2 bridge strategy allows you to maintain continuous authorized stay while searching for a new H-1B sponsor:
- File Form I-539 for B-2 Status: Submit the request before the applicable period of authorized stay expires. A timely, nonfrivolous filing can place you in a period of authorized stay while USCIS adjudicates the request; the receipt does not itself grant B-2 status.
- Interview & Secure Job Offer: Attend interviews with prospective employers. Note that you cannot begin working for a new employer while in B-2 status until a new H-1B petition is approved.
- New Employer Files H-1B Petition: The new employer files Form I-129 requesting H-1B classification and, where appropriate, a Change of Status from B-2 to H-1B. Premium Processing may be available if the petition is eligible.
- USCIS Approval & Work Start: In a B-2 bridge strategy, do not begin H-1B employment merely because the I-129 was filed. Generally, USCIS must approve the requested change of status before H-1B employment can begin.
Form I-539 Filing Fee Schedule (Form G-1055)
| Filing Method | Form I-539 Fee | Biometrics Fee |
|---|---|---|
| Online Filing (myUSCIS) | $420 USD | Included ($0) |
| Paper Mail Filing | $470 USD | Included ($0) |
At-A-Glance
Form NameForm I-539
Filing WindowBefore authorized stay expires
Online Fee$420 USD
Work Authorized?No (Visitor Status)
Related Tools
Related US Tools & Guides
Frequently Asked Questions (FAQ)
Yes. An H-1B worker whose employment has ended may generally file Form I-539 requesting B-2 status before the applicable period of authorized stay expires. A timely, nonfrivolous filing can provide a period of authorized stay while USCIS adjudicates the request, but filing the I-539 does not itself grant B-2 status or guarantee approval.
A new employer may file Form I-129 requesting H-1B classification and a change of status when the beneficiary qualifies. However, an H-1B worker who is in or has a pending change to B-2 status should not assume ordinary AC21 portability applies. In a B-2 bridge strategy, the new H-1B change of status generally must be approved before the person begins H-1B employment.
Under the Form G-1055 fee schedule, filing Form I-539 online via a myUSCIS account costs $420, while paper filing by mail costs $470. There is no separate biometrics fee.
If a worker cannot secure a new H-1B sponsor before the applicable period of authorized stay ends, an eligible applicant can timely file Form I-539 requesting a change of status to B-2. A timely, nonfrivolous filing can provide a period of authorized stay while USCIS decides the request, but the applicant may not work in B-2 status.
Eligible spouse and unmarried children under 21 requesting the same nonimmigrant status change can generally be included as co-applicants through the Form I-539 process, using Form I-539A where required. Follow the current USCIS form instructions for the exact filing and fee requirements rather than assuming that every dependent filing is fee-free.
If USCIS approves the new employer's H-1B petition with the requested change of status and an attached I-94, the approved H-1B status can take effect according to the approval notice. The pending B-2 application should then be reviewed carefully because the relationship between the two pending requests can affect the validity of the requested change of status; do not assume that simply sending a withdrawal letter is always the only required step.
Generally no. AC21 portability protects qualifying H-1B workers who meet the statutory portability requirements, including the required H-1B status/authorized-stay conditions. A person using an H-1B-to-B-2 bridge should generally wait for USCIS approval of the new H-1B change-of-status request before beginning the new H-1B job.
Official U.S. Government Portals
• USCIS Options for Terminated Nonimmigrant Workers: uscis.gov/nonimmigrant-options
• USCIS Form I-539 Application Portal: uscis.gov/i-539