Change of Status from H-1B to B-2 (ICT filed)

[TonyAx]

Hi,
My ICT was filed earlier today and my H-1B is set to expire in two weeks so I'm planning to file a Change of Status to B-2 to extend my stay in the US. I'm also requesting my company to keep me on the rolls on an Unpaid Leave of Absence to meet the ICT requirement. Is anyone else in a similar situation? Are there any potential issues with this approach? Would love to hear other perspectives/ options on this topic.

Thanks

 

[anon123]

I'm in a similar situation, and will be asking my company to apply for a B-2 as well. Wonder if someone on the forum has more info about unpaid leave of absence and the ICT work permit, if that would cause any issues

 

[harirajmohan]

https://www.fragomen.com/system/assets/s3fs-public/andrew_greenfield_westlaw_article.pdf
When determining the length of the leave, employers should pay close attention to the validity of the sponsored employee’s employment authorization, which is usually governed by an approval notice issued by U.S. Citizenship and Immigration Services and/or an I-94 record showing the expiration of an
employee’s authorized period of stay in the United States.

If the leave will extend beyond the expiration of the employee’s authorized stay, the employer may need to request an extension of stay with USCIS on the employee’s behalf.

It is also unlawful to continue to employ an individual once the employer knows or should know the employee is no longer authorized to work in the
United States. This raises the issue whether an employer may place an employee on a leave of absence if the employee’s authorization to work in the United States has expired.

I'm in a similar situation, and will be asking my company to apply for a B-2 as well. Wonder if someone on the forum has more info about unpaid leave of absence and the ICT work permit, if that would cause any issues

Is your H1 too getting expired or extension denied? Cant you extend H1?

Hi,
My ICT was filed earlier today and my H-1B is set to expire in two weeks so I'm planning to file a Change of Status to B-2 to extend my stay in the US. I'm also requesting my company to keep me on the rolls on an Unpaid Leave of Absence to meet the ICT requirement. Is anyone else in a similar situation? Are there any potential issues with this approach? Would love to hear other perspectives/ options on this topic.

Thanks

 

[TonyAx]

...

Is your H1 too getting expired or extension denied? Cant you extend H1?

Hariraj,

Thanks for your response highlighting the issues related to legal status in the US. The maximum validity of my H1B (including recapture) has been reached so no more extensions are possible. Do you happen to know if there are any impacts to the ICT while on a Leave of Absence in B-2 status?

 

[harirajmohan]

Hariraj,

Thanks for your response highlighting the issues related to legal status in the US. The maximum validity of my H1B (including recapture) has been reached so no more extensions are possible. Do you happen to know if there are any impacts to the ICT while on a Leave of Absence in B-2 status?

I dont know if they verify just the letter from your employer/ payslip /I797. What does your lawyer/immigration team say on this situation?
They are discussing same situation here. https://www.canadavisa.com/canada-immigration-discussion-board/threads/traveling-on-visit-visa-and-later-changing-converting-to-ict-work-permit.697622/
Core thread - applicants from other locations:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/processing-time-for-ict-work-permit.541098/page-24

 

[haritosh82]

I know lot of folks are in this situation (me included) where they applied for WP before their H1B expiry in US but due to COVID delays ended up needing B2 visa filed to legally stay in US. This is not common for IRCC so they must be doing background check with USCIS which is adding to further delays.
If IRCC is willing to consider such applications impacted due to COVID, they might approve. IRCC might also want to confirm with your employer if you are still employed (you may have converted your legal status in US which means you are not actively working but you could still be an active employee in your home country like India). It's all at the discretion of IRCC now whether they want to consider such situations impacted by COVID.

I know people who had valid H1B status in US got approved recently who qualified for 2 week processing. ICT GSS applications are mostly eligible for 2 week processing.

Good luck to everyone in this situation. Hope something positive comes out.