A mechanical engineer now faces a serious visa issue during a B-2 to H-1B transfer. After a layoff from H-1B employment in November 2025, you applied for a B-2 visa. A new employer later filed an H-1B Change of Status application.
Why the H-1B COS RFE was issued
USCIS has issued RFEs for both pending applications, creating confusion. The H-1B COS RFE notice has not reached you yet. This delay leaves you uncertain about the exact concerns raised by the authorities.
The B-2 RFE focuses on your intent to return to India. USCIS seeks clear proof that the B-2 application followed visitor visa rules. Officers review documents closely when two change of status requests overlap.
What USCIS checks in such cases
Experts state that H-1B to B-2 changes face strict scrutiny. USCIS checks lawful presence during the full H-1B grace period. Any gap in status becomes a central issue during review.
If your I-94 expired before H-1B approval, USCIS will require consular processing. This process forces you to leave the US for visa stamping. The step leads to longer timelines and travel costs.
What you should do next
USCIS can still approve the new H-1B petition even if the B-2 request fails. Status outcomes depend on timing and proof of lawful stay. You must act carefully to avoid further complications.
You should consult an immigration attorney immediately. Prepare a strong and accurate B-2 RFE response. Your case will only move forward after the H-1B COS RFE notice arrives and clarifies USCIS intent.
