An H-1B worker is dealing with a visa status issue after a job loss. You were forced to apply for a B-2 Change of Status after the layoff. Later, you secured a new job and received approval for a fresh H-1B petition.
What caused the confusion
Your B-2 application is still pending and has received an RFE. At the same time, your new H-1B stands approved. This overlap has created uncertainty about your current immigration status.
Conflicting legal advice
Different immigration lawyers have given you different guidance. One lawyer says USCIS should have decided both applications together. Your employer’s lawyer advises you to withdraw the pending B-2 request.
Importance of the I-797A
Experts suggest you check your I-797A approval notice carefully. This document confirms your current legal status in the US. If it shows H-1B approval, that status takes priority.
Why withdrawing B-2 helps
With an approved H-1B, keeping a B-2 request pending serves no purpose. Withdrawing it reduces the risk of an accidental status change. This step helps you avoid unnecessary complications later.
Is waiting for COS legal
Waiting for a Change of Status decision is legal. Multiple immigration experts agree on this point. You are unlikely to face future problems just because the B-2 application remained pending.
Check your I-94 record
You should also review your I-94 document. It proves your lawful entry and stay in the US. Make sure it matches your current approved status.
Avoid future status conflicts
It is best not to leave outdated applications pending. Clearing old requests helps prevent conflicts in your immigration record. Acting early protects you from avoidable issues later.
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