A social media user brought up a significant question about changes in visa status. They possess both H1B and H4 visas—although the H1B visa is stamped, it has never been used to enter the U.S., while the H4 visa has been used for a short visit.
They received a job offer from a different employer and planned to arrive in the U.S. in March on an H1B visa. However, will applying for a change of status shortly after their arrival cause issues with USCIS?
The primary issue is related to “intent.” Entering the U.S. on an H4 visa indicates a commitment to staying as a dependent and not to seek employment. If a Change of Status (COS) application is filed shortly after arrival, USCIS may raise doubts about whether the person misrepresented their intentions upon entry.
Moreover, there is the 30/60/90 day guideline, which officers might take into account. If a Change of Status (COS) application is submitted within 30 days of arrival, it may trigger concerns. The timeframe between 30 and 60 days is somewhat unclear, but after 60 days, the likelihood of issues decreases.
One approach is to delay applying for a change of status (COS) for a minimum of 30 days. Another option could be to stay in India until the H1B transfer is approved, although this may not be the most practical choice.
Visa situations like this can be complicated. Consulting with an immigration company can offer clarity and help prevent unexpected issues.
Navigating visa transitions can be complex, and making informed decisions is crucial to ensuring a smooth process. If you’re looking for expert guidance on visa options, study opportunities, and career pathways in the U.S., Migrastudy is here to help. Our platform provides reliable resources, expert insights, and personalized support to assist you in making the best choices for your future. Contact Migrastudy today and take the next step with confidence!