A user on Social media raised an important question regarding changes in visa status. They hold both H1B and H4 visas—while the H1B is stamped, it has never been used to enter the U.S., and the H4 has been utilized for a brief visit.
With a job offer from another employer, they intended to enter the U.S. in March on H1B. However, will applying for COS short after their arrival create complications with USCIS?
The main concern revolves around “intent”. Entering on H4 signifies the intention to remain as a dependent, not to engage in work. If a COS application is submitted too soon after arrival, USCIS might question whether the individual misrepresented their intent upon entry.
Additionally, there’s the 30/60/90 day rule, which is an informal guideline that officers may consider. Submitting a COS application within 30 days of arrival could raise a red flag. The period between 30 and 60 days is somewhat ambiguous, while after 60 days, the risk diminishes.
One strategy is to wait at least 30 days before applying for COS. Alternatively, remaining in India until the H1B transfer is approved could be considered, although that may bnot be the moost convenient option.
Visa situation like this can be complex. Seeking advice from an immigration attorney could provide clarity and help avoid unforeseen challenges.
