B-2 Visa

Pending B-2 Obstructing an H-1B Transfer

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What options are available if a pending B-2 Change of Status application leads to multiple RFEs on a subsequent H-1B transfer because USCIS has not adjudicated the B-2?

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FAQ Transcript

A two-party approach requesting assistance from local Congressmen and Senators is recommended. If congressional inquiries fail, consulting a litigator to potentially threaten a lawsuit against the US Attorney's office can help compel USCIS to resolve the delay.

Domestic Travel Protocols

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Is it safe to travel domestically within the US while my immigration status is pending?

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While widespread stops are not commonly reported, they are possible. It is best to avoid optional travel. If you must travel, carry your passport, I-94, approval notices, and proof of your ongoing status (like pay stubs or transcripts).

Resolving H1B Transfer Delays

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My H1B transfer is stuck because my B2 change of status is still pending adjudication. What can I do?
 

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This is a common bottleneck. Have your employer contact their local congressman’s office to push for adjudication. If that fails, reaching out to a litigator to threaten a lawsuit against the US attorney's office can often resolve such delays.
 

Withdrawing a Pending B-2 when an H-1B is Approved

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How should one handle withdrawing a pending B-2 visitor visa application once an employer successfully files an H-1B petition?

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A standard practice is to include a notarized letter inside the new H-1B petition package. The letter should explicitly state that if the H-1B is approved with status, the pending B-2 should be withdrawn; otherwise, B-2 processing should continue. 

Re-entering on B-1/B-2 to Change Status to F-1 after a Prior Rejection

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Can I enter the US on a tourist visa (B-1/B-2) and then change my status to F-1?

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This is strongly discouraged. Entering the US on a visitor visa with the preconceived intent to convert to student status is considered misrepresentation and may result in a permanent bar from the United States.

90-Day Rule for Changing Status from B-1/B-2 to H-4

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Does the "90-day rule" allow me to change from B-1/B-2 to H-4 status inside the US?

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No. The "90-day rule" is a misconception; USCIS always evaluates the intent behind your entry. Entering with the intention to change status can be viewed as misrepresentation. It is generally safer to process your visa stamp outside the US.

Switching from B-2 to H-4 Status

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An applicant's spouse entered the US on a B-2 (visitor) visa while the applicant was on F-1 STEM OPT. The applicant was recently selected for the H-1B lottery and wants to know if the spouse should apply for a change of status to H-4 in the US or get a visa stamping abroad. 

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Getting an H-4 visa stamping abroad is much cleaner. Applying for a change of status carries the risk that the government might claim she had "preconceived intent" to stay long-term while entering on a tourist visa.