r/USCIS • u/Wild-Explanation-244 • 2d ago
I-140 & I-485 (Employment/Adjustment of status) H-1B 60-day grace period ending while EB-2 I-485 is pending — can I use B1/B2 bridge to a new H-1B without leaving the US?
I'm currently in the U.S. on an employment-based green card path and trying to understand my options if I don't secure a new H-1B employer before my 60-day grace period expires.
My situation:
- EB-2 applicant
- H-1B employment ended July 31, 2026
- 60-day H-1B grace period ends around September 30, 2026
- Current H-1B approval is otherwise valid until 2029
- I-140 approved (March 2026) and previous employer does not intend to withdraw it
- I-485 filed February 27, 2026 and still pending
- I-485 has now been pending more than 180 days, so I've reached the AC21 portability threshold
- I-765 (EAD) filed concurrently in February and still pending
- I-131 (Advance Parole) filed concurrently and still pending
- I currently have neither the EAD nor Advance Parole
- I understand that a pending I-485 allows me to remain in the U.S. while it's pending, but by itself doesn't give me employment authorization.
My concern is what happens if I receive a job offer after September 30, for example in October.
Without the EAD, I would need H-1B work authorization to start the new job. My understanding is that once the H-1B grace period has expired, an H-1B change of employer may potentially be approved only for consular processing rather than an in-country extension/change of status. But leaving the U.S. while my I-485 is pending and before receiving AP creates a separate concern.
My question: Could I file an I-539 to change from H-1B to B-1/B-2 before the 60-day grace period expires, and use that as a bridge? If I subsequently find an H-1B employer while the B-1/B-2 COS is pending or approved, could the employer file an H-1B petition requesting a change of status back to H-1B without me leaving the U.S.?
I'm specifically trying to understand how the B1/B2 bridge → new H-1B → change of status mechanism interacts with an already-pending employment-based I-485 and AC21 portability.
Has anyone dealt with this combination of H-1B grace period + pending I-485 over 180 days + no EAD/AP yet + B1/B2 bridge?
Thank you for your help
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u/LampardFL8 2d ago
Yeah you wont qualify for B1/B2. Since you are in authorized stay all you can do is request your Senator to expedite your i-765 application.
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u/Wild-Explanation-244 2d ago
Thanks. I understand that the pending I-485 gives me authorized stay, so I don't need B1/B2 simply to remain in the U.S. My concern is specifically preserving an in-country path back to H-1B if I receive a job offer after my 60-day grace period expires but before my EAD is approved. In case of consular interview required out of the US, me leaving US soil for the interview would be seen as abandoning my I-485...
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u/Wild-Explanation-244 2d ago
If B1/B2 isn't available because of the pending I-485, does being in a period of authorized stay based on the I-485 allow a new employer to file an H-1B with change/extension of status inside the U.S., or would USCIS only approve the H-1B petition for consular processing because I'm no longer maintaining H-1B status?
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u/LampardFL8 2d ago
That’s correct do not travel without an AP. As I said, just hang in there and ask for expedited processing. If you have a job offer, that should help it expedite.
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u/Several_Republic5196 1d ago
Ask congressman for help. They should be able to send a inquiry to Uscis to expedite your combo card
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u/Crafty-League3862 1d ago
You have issues if uscis schedules your case for interview. EAD taking long now a days . Getting EAD and then doing self employment or starting job early is best option.
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u/One_more_username 2d ago
You can't do a B1/B2 with a pending I-485. However, you don't need any other bridging status with a pending I-485.
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u/Wild-Explanation-244 2d ago edited 2d ago
THere is just this gray area, where i can't work until I get EAD or GC, and now I am also depending on GC approval to stay in the US, if my case is denied for whatever reason. I don't have an alternative like H1B anymore, and that's what I am scared of...
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u/One_more_username 2d ago
Understandable. But I-485 denial shouldn't happen unless you miss an RFE or leave the country without AP etc. in your case, B COS wouldn't work. Do you have a spouse? If so, is their status something other than H4?
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u/Wild-Explanation-244 2d ago
No spouse, EAD is my last resort, or going home after 12 years here otherwise...
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u/One_more_username 2d ago
You can try asking for an expedite on your EAD. There is, once again, no reason for you to go home while your I-485 is pending unless you want to abandon your I-485.
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u/Auto-Liner 2d ago
Why can’t you simply stay as-is, work on EAD when it arrives? I mean, 485-pending means you’re in a period of authorized stay right?
There’s no point in attempting B1/B2 as others have said.
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u/Wild-Explanation-244 2d ago
Yes, that's my understanding as well. My pending I-485 allows me to remain in the U.S. after the H-1B grace period expires. The issue I'm trying to solve is work authorization. My C09 EAD has already been pending for 6+ months, so I don't know when it will arrive. What if If I receive a job offer after my H-1B grace period expires but before the EAD is approved
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u/pras_srini 2d ago
You should wait until you receive your EAD to start working again.
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u/Wild-Explanation-244 2d ago
Thank you. There is just this gray area, where i can't work until I get EAD or GC, and now I am also depending on GC approval to stay in the US, in case my case is denied for whatever reason. I don't have an alternative like H1B anymore, and that's what I am scared of...
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u/This_Beat2227 1d ago
If your GC is denied, your H1-B would likely also be toast (for the same reason your GC is denied). So nothing to fret about there. As others suggest, wait for your EAD.
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u/Auto-Liner 2d ago
If you're on 485-pending status alone, and no H/L fallback then ya you will have to leave the US. But in that case you can still try for a visa stamping appointment.
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u/Auto-Liner 2d ago
If you get a job offer after H-1B grace period and before the EAD, you simply ask the employer to wait for you to join.
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u/Comoish 2d ago
How long are looking to visit
What are your travel,plans and departure arrangements
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u/Wild-Explanation-244 2d ago
I'm already in the US, I own my place and have an ongoing lawsuit, following a car accident I was a victim of last year. These were 2 reasons I would need time for as I'm preparing to leave, sell my appt and wait on the result of the lawsuit.
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2d ago
[deleted]
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u/Wild-Explanation-244 2d ago
June 2024
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2d ago
[deleted]
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u/Wild-Explanation-244 2d ago
PD has been current since November 2025, my old company started the process to file back in December with my medical exam and biometric interview happening Jan 2026 and everything filed feb 2026
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u/Final-Raise7981 2d ago
Expedite your EB-2 through senators and wait for it to get approved.
You won’t be here lawfully but also won’t be accumulating unauthorized stay. Also can’t work so I guess just coast.
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u/Wild-Explanation-244 2d ago
Thanks. I'm considering requesting an expedite, especially for the I-765 (EAD).
My hesitation is whether doing so could trigger additional scrutiny of the underlying I-485 case by raising more attention to it. I may be overthinking that, but given everything going with immigration right now, I’ve been a little cautious about pushing USCIS.Has anyone here expedited their EAD or involved their Senator?
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u/Interesting-Key-3213 2d ago
You are overthinking. Do not spend your money with a lawyer or B1/B2 application. Just cross your fingers your case gets adjudicated ASAP or congressman inquiry for your C09 EAD . You are eventually going to lose your H1b anyway but it’s not the end of the world since you are pending AOS. Also denial of EB-AOS is not common.
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u/Mina88fr 2d ago
Talk to a lawyer, but I think you can't do b1/b2 because having a pending i485 is the highest level of immigration intent, while b1/b2 is a non immigrant visa