Getting back on an H1B visa should have brought relief to one international worker in the U.S. Instead, it turned into a maze of confusion when his B2 visitor visa was also approved at nearly the same time.
After losing his job in December 2024, he did everything possible to stay legally. While job hunting, he applied for a B2 visa and, when delays mounted, he filed for a B2 extension in May as a safeguard.
His efforts seemed to pay off in July when a new employer filed an H1B change of status petition under premium processing on July 17.
Just when things were finally looking up, both approvals arrived almost back-to-back. On July 31, USCIS approved his B2 extension, allowing him to remain in the U.S. as a tourist until September. The following day, his H1B was also approved.
What should have been a joyful moment suddenly sparked legal confusion. Under USCIS’s “last action rule,” the most recent approval determines the person’s active immigration status.
If the B2 had been approved after the H1B, he would have reverted to tourist status—meaning no work authorization—and his employer would have needed to refile the H1B petition all over again.
Luckily, the H1B approval came a day after the B2 extension, keeping his work status intact. However, the ordeal was far from smooth.
The unexpected overlap led to days of anxiety, lawyer consultations, and bureaucratic clarification. What should have marked a professional comeback instead became a stressful dive into immigration technicalities.
