[zicochow]

Hello, I am a Canadian Citizen. I have been laid off recently while working on H1B visa but still in payroll until July 1st, 2009 although I do not need to report to work. My question is, do I need to apply for change of status (e.g. H1B to B2) to stay in US legally before further delay or can I wait till July 1st? I will appreciate if you please advise in your earliest convenience.

[DCcityboy]

The COS to B2, if granted, is only for a very short period. This is typically granted to give you time to prepare and leave the US. Since you have over 6 weeks until your termination is effective, the USCIS may not be sympathetic to your reason for the B2 COS.

Please remember the B2 is for a tourist or other visitor for pleasure, not to stay in the US if you have no other status. Look for another H-1B or a TN if you want to stay in the US. Good luck.

[zicochow]

the COS to B2, if granted, is only for a very short period of time. this is typically granted to give you time to prepare and leave the US. since you have over 6 weeks until your termination is effective, the USCIS may not be sympathetic to your reason for the B2 COS.

please remember the B2 is for a tourist or other visitor for pleasure, not to stay in the US if you have no other status. look for another H-1B or a TN if you want to stay in the US. good luck.

Thank your response. Is it simple to apply myself for COS, instead of hiring a lawyer to do it? I am trying to sell my property but in case I can't sell by then I may have to stay in B2 until I sell it. I am thinking, I will wait to apply for COS until my H1B expires which I believe is technically the day I am terminated.

[DCcityboy]

Fairly simple process I-539, but the important part of the case is providing evidence that you will truly be a visitor, will not work and will actually depart when the status expires. Best to have financial documents, solid dates and details in your support letter, include evidence to show what you are doing to sell your property, etc.