This is an information-only tool, not legal advice. You are responsible for your decisions. When in doubt, consult an immigration attorney.
Free · 9-factor diagnostic · cover-letter scaffold
Score your B-2 risk before filing I-539
B-2 change of status is the most common backstop for laid-off H-1B workers — but RFE and denial rates vary widely by filing timing, stated purpose, country of birth, and documentary evidence. This tool scores 9 known risk drivers into a 0-100 band, flags hard-stop conditions, and generates cover-letter language tied to your inputs.
Enter your last authorized day to see your risk score.
The two biggest mistakes laid-off H-1B workers make with B-2
Mistake #1: Filing too late.8 CFR 248.1(b)(1) requires the applicant to have maintained status up to filing the I-539. Filing after day 60 of grace means status has already lapsed — USCIS will only grant relief under 8 CFR 214.1(c)(4) (“extraordinary circumstances beyond control”), which is a high bar that “I didn’t know” never clears.
Mistake #2: Treating B-2 as a job-search visa. The single fastest way to get an RFE — or a denial paired with a Notice to Appear — is putting “to search for employment” in the I-539 cover letter. B-2 does not authorize employment AND immigrant intent is presumed against applicants who frame the visit around future employment. If your real purpose is to wind down US affairs while applying remotely from abroad, frame the wind-down, not the job search.
What this tool can’t answer
We cannot estimate USCIS service-center specific RFE rates (they vary by quarter), we cannot account for individual prior immigration history (NTA history, visa refusals under 214(b), removal proceedings), and we cannot evaluate whether a different status (O-1, L-1, F-1 reinstatement, departure-and-H-1B-restart) is a better fit. Those questions require an immigration attorney who can review your full file.
Related tools
- · H-1B to B-2 explainer — the regulatory walkthrough behind this calculator.
- · 60-day grace calculator — tells you exactly which day of grace you’re on.
- · Personal timeline — sequences B-2 filing against transfer attempts and departure deadlines.
- · Concurrent H-1B feasibility — if you’re tempted to consult while B-2-pending, this tool explains why that’s the fastest way to lose B-2 AND future filings.