An H-1B holder lost their job and now faces a serious status problem in the US. To stay legally, you filed for a B-2 visitor visa. While waiting, you found a new employer ready to sponsor an H-1B again.
Lawyer Claims H-1B Change Is Impossible
The company lawyer now says a Change of Status to H-1B cannot happen. According to the lawyer, a pending B-2 application no longer counts as valid status under a 2025 policy change.
Filing Abroad Could Trigger Huge Costs
Because of this view, the lawyer insists you must file from outside the US. That route can trigger the steep $100,000 H-1B filing fee, along with travel delays and added risk.
Experts Strongly Disagree With This View
Immigration experts say the lawyer’s claim is incorrect. Bridging a pending B-2 to an H-1B remains common. USCIS has not banned this process under any confirmed 2025 rule change.
USCIS Still Allows Internal B-2 Review
When an H-1B Change of Status is filed before B-2 approval, USCIS often reviews the B-2 internally. This avoids forcing applicants to leave the country while the case is pending.
Safer Strategy May Be Driving Legal Advice
Experts believe the lawyer is choosing a safer and simpler filing path. Avoiding concurrent filings reduces risk for the law firm but shifts cost and uncertainty onto you.
Second Opinion Advised But Not Easy
You have been advised to seek another legal opinion. Convincing your employer to challenge their own lawyer remains difficult, especially when companies prefer conservative legal strategies.
Delays Could Lead to Serious Consequences
Time is critical. If your employer does not act soon, you risk falling out of status. That can lead to unlawful presence, long visa delays, or even future entry bans.
