H-1B to B2 Visa Backfires: Strange RFE Stuns Techie

An H 1B professional in the United States has shared a concerning experience about visa processes. What was once seen as a safe backup route is now becoming uncertain. The case highlights growing complications in immigration procedures.

The tech worker said they were laid off in November 2025. Before the 60 day grace period ended, they applied for a B2 visa in January 2026. This step is commonly used to stay legally in the country after job loss.

After filing the B2 application, the individual secured a new job in March. The employer quickly filed an H 1B change of status petition with premium processing. This usually ensures faster decision making by authorities.

However, within two weeks, USCIS issued an unusual Request for Evidence. Instead of standard queries, the agency asked for prior approval of the B2 application. This was not the usual practice earlier.

B2 visa applications can take up to five months or more to process. There is no clear way to speed up approvals. This delay puts the worker in a difficult position, as the job offer may not remain valid for long.

The user also stated that their immigration lawyers at Fragomen advised against combining both applications. Doing so could lead to consular processing, which may require leaving the US.

Consular processing could expose the applicant to additional risks and heavy costs. Reports suggest it may even involve a penalty of up to 100,000 dollars. This makes the situation more stressful for affected workers.

With stricter scrutiny, such unusual RFEs are becoming more common. The B2 visa route is no longer seen as a fully reliable backup option. This case reflects growing uncertainty for H 1B professionals in the US.