H-1B to B-2 Strategy Halted? USCIS Flags Petition

An H-1B Change of Status applicant has encountered a legal challenge while transitioning from a B-2 visa. The worker lost their previous H-1B job in September 2025. To remain in lawful status in the United States, they applied for a Change of Status.

While the B-2 application was still pending, the worker secured a new job offer. The new employer quickly filed a fresh H-1B Change of Status petition. The company also requested Premium Processing to receive a faster decision from USCIS.

However, the immigration agency has now issued a Request for Evidence. USCIS has asked the applicant to provide the approval notice for the pending B-2 application. This request has created uncertainty about the next steps in the process.

The H-1B to B-2 to H-1B bridge strategy is commonly used by foreign workers. It allows them to remain in legal status while searching for new employment. Immigration professionals note that USCIS often reviews such cases carefully.

A pending B-2 application can help maintain lawful presence. However, it does not grant permission to work in the United States. Starting a job before the H-1B petition is approved can lead to serious visa violations.

Experts say the applicant may soon receive another Request for Evidence related to the B-2 application. Responding to both requests carefully can help clarify the applicant’s status. In some cases, USCIS may approve the applications together.

If that happens, the worker could return to valid H-1B status without leaving the country. This outcome depends on clear documentation and proper legal responses. Immigration professionals stress the importance of accurate paperwork in such cases.

The worker has been advised to consult an experienced immigration attorney immediately. A detailed response to the H-1B Request for Evidence will be necessary. The applicant should also prepare for a possible Request for Evidence on the B-2 filing.