USCIS Guidance Notice: USCIS explicitly permits H-1B workers whose employment has terminated 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 continue searching for jobs.
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 Form I-539 before Day 60 of your grace period. Receiving Form I-797C Receipt Notice places you in a period of authorized stay.
- 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 with Premium Processing, requesting a Change of Status from pending B-2 back to H-1B.
- USCIS Approval & Work Start: Once USCIS approves the new H-1B petition with Form I-94 attached, you can immediately begin working.
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) |
Frequently Asked Questions
Can I work while my Form I-539 B-2 application is pending?
No. B-2 visitor status does not permit employment in the United States. You must refrain from working until a new employer's H-1B petition is approved with work authorization.
What happens to my pending B-2 COS when the new H-1B is approved?
Once USCIS approves the new H-1B petition with Form I-94 attached, you can notify USCIS to withdraw the pending B-2 application.
Official U.S. Government References
• USCIS Options for Terminated Nonimmigrant Workers: uscis.gov/nonimmigrant-options
• USCIS Form I-539 Application Page: uscis.gov/i-539
At-A-Glance
Form NameForm I-539
Filing WindowDay 1 to Day 60
Online Fee$420 USD
Work Authorized?No (Visitor Status)