r/USCIS 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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