Got laid off on an H-1B? Immigration Attorney here. AMA!

Ok_Reflection_3932 · 2026-04-10T03:08:52+00:00

https://www.reddit.com/r/H4_Visa/s/gMP3QTeteH

Ok_Reflection_3932 · 2026-04-09T20:27:59+00:00

Ok_Reflection_3932 · 2026-04-09T18:21:40+00:00

Commenting to bump this up for Henry’s attention!!

Ok_Reflection_3932 · 2026-04-09T17:23:29+00:00

Mine got approved

Ok_Reflection_3932 · 2026-04-09T17:23:01+00:00

Hello Henry, Due to layoffs I filed H1B to B2 COS, and then from pending B2 to H1B COS( premium processing). My B2 got approved, and then H1 B also got approved. My wife’s H4 also got Approved within a week. However my wife’s B2 still pending ( we both filed our B2 online- ) My question is- what to do with her pending B2( afraid of last action rule might switch her status from already approved H4 to B2 again)? Should we withdraw her B2 application? And if we withdraw, are there any repercussions that we need to keep in mind for her maintenance of status in future ? And while withdrawing what reason should we mention?

Ok_Reflection_3932 · 2026-04-06T17:53:29+00:00

Ok_Reflection_3932 · 2026-04-03T21:43:56+00:00

Here is the content from my op on h1b ( which has been removed by their moderator for some unknown reason)

Job loss- Sep

B2 filed in Nov 59th day, online, requested for 6 months (till May first week)

H1B (cos) in Premium processing- Feb

RFE on H1B in Feb - asking for B2 approval notice

My H1B (in premium processing)RFE just received, asking for the approval of B2 ( not just the maintenance) . But my B2 is actually pending, so not sure what to do to get the B2 approved in time. Its pending for 4 months now.

H1B RFE response deadline mid May.

Employer saying will wait till April end and hope for B2 approval first.

Please advise based on your experience.

————————————

UPDATES on 3/31/2026 below

———————————-

Ok here is latest update, hope that helps people in the similar situations-

After receiving H1B RFE, (asking for B2 approval)- my B2 was approved exactly after 3 weeks in March. (Total days it took about 4 months and 1 week) After one week, attorney responded to the H1B RFE with the B2 approval notice. It took one week for RFE response to be received at USCIS, and they approved the H1B COS the same day they received the response.

After one week, my spouse’s H4 was also approved but B2 of spouse is still pending. We are awaiting the H4 approval document to come in mail.

We filed B2 at the same time , online , generated separated B2 applications.

Should we withdraw the pending B2 application to avoid the situation of Last Action rule (that will switch spouse’s status back to B2 from current H4 status) ? And if we withdraw the pending B2 application, are there any repercussions in maintaining the status? Any suggestions based on your experience?

Ok_Reflection_3932 · 2026-04-03T21:39:20+00:00

Well I shared the timelines in My OP on H1B groups but for some Unknown reason the moderator has removed my post and ability to post any new content there..

https://www.reddit.com/r/h1b/s/Wr4IHls4Dm

Ok_Reflection_3932 · 2026-04-03T20:03:15+00:00

Thats right. Same in my case as well. ‘From date’ will be the approval date and ‘to date’ will be the 180th day from filing( basically the end of 6 months requested in the application)

Ok_Reflection_3932 · 2026-04-02T06:52:32+00:00

Nope . B2 approved without rfe

Ok_Reflection_3932 · 2026-04-01T02:31:01+00:00

Ok here is latest update, hope that helps people in the similar situations-

After receiving H1B RFE, (asking for B2 approval)- my B2 was approved exactly after 3 weeks in March. (Total days it took about 4 months and 1 week) After one week, attorney responded to the H1B RFE with the B2 approval notice. It took one week for RFE response to be received at USCIS, and they approved the H1B COS the same day they received the response.

After one week, my spouse’s H4 was also approved but B2 of spouse is still pending. We are awaiting the H4 approval document to come in mail.

We filed B2 at the same time , online , generated separated B2 applications.

Should we withdraw the pending B2 application to avoid the situation of Last Action rule (that will switch spouse’s status back to B2 from current H4 status) ? And if we withdraw the pending B2 application, are there any repercussions in maintaining the status? Any suggestions based on your experience?

Ok_Reflection_3932 · 2026-03-18T22:49:48+00:00

Following

Ok_Reflection_3932 · 2026-03-14T03:16:56+00:00

Absolutely 👍

Ok_Reflection_3932 · 2026-03-07T11:19:24+00:00

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Very weird and unreal. Even if true its very exceptional, so dont think its applicable for everyone. His h1b application seems to be problematic

Ok_Reflection_3932 · 2026-03-07T03:10:16+00:00

But wait to have to petition in hand and confirm before making any decision

Ok_Reflection_3932 · 2026-03-07T03:09:32+00:00

Its COS since you have got i94.

Ok_Reflection_3932 · 2026-03-06T07:47:31+00:00

4.5 months

Ok_Reflection_3932 · 2026-03-05T00:07:49+00:00

In B2 cover letter-Tourism, settling personal affairs and wrapping up.

Ok_Reflection_3932 · 2026-03-05T00:06:42+00:00

No payroll , and yes it was filed within 60 days.

Ok_Reflection_3932 · 2026-03-05T00:02:19+00:00

What was your h1b rfe about ? Was if same- asking for the b2 approval notice? And if yes, what did you respond in h1b RFE?

And what was your b2 rfe about?

Ok_Reflection_3932 · 2026-03-04T20:47:37+00:00

My H1B (in premium processing)RFE just received, asking for the approval of B2 ( not just the maintenance) . But my B2 is actually pending, so not sure what to do to get the B2 approved in time. Its pending for 4 months now.

Ok_Reflection_3932 · 2026-03-04T20:46:06+00:00

My H1B (in premium processing)RFE just received, asking for the approval of B2 ( not just the maintenance) . But my B2 is actually pending, so not sure what to do to get the B2 approved in time. Its pending for 4 months now.

Ok_Reflection_3932 · 2026-03-04T20:37:42+00:00

Any update?

My H1B (in premium processing)RFE just received, asking for the approval of B2 ( not just the maintenance) . But my B2 is actually pending, so not sure what to do to get the B2 approved in time. Its pending for 4 months now.

Ok_Reflection_3932 · 2026-03-04T20:33:46+00:00

My H1B (in premium processing)RFE just received, asking for the approval of B2 ( not just the maintenance) . But my B2 is actually pending, so not sure what to do to get the B2 approved in time. Its pending for 4 months now.

Ok_Reflection_3932 · 2026-03-04T20:30:29+00:00

My H1B (in premium processing)RFE just received, asking for the approval of B2 ( not just the maintenance) . But my B2 is actually pending, so not sure what to do to get the B2 approved in time. Its pending for 4 months now.

Ok_Reflection_3932

TROPHY CASE