✅ H-1B → B-2 → Back to H-1B: How Can You Get Approved? ✅

For many H-1B holders whose status is about to expire, changing to B-2 visitor status can be a short-term transition strategy. Later, after finding a new employer, they may try to change back from B-2 to H-1B.

However, in one case, the applicant received a B-2 RFE, with USCIS questioning whether the applicant had a genuine nonimmigrant intent when the B-2 application was filed. (See Figure 2.)

The key trigger for this type of RFE was:

While the B-2 application was still pending and had not yet been decided, a new employer filed an I-129 petition for the applicant.

USCIS can see the filing record for this new I-129❗

Once the system picks up the I-129 filing, the USCIS officer may immediately question:

What was your actual purpose when you applied for B-2 status?

Were you simply using B-2 as a bridge to wait for a new job opportunity?

‼️ KEY POINT

B-2 visitor status is NOT a universal safety net.

B-2 status is intended for activities such as short-term tourism, visiting family or friends, taking time off, and handling personal matters in the United States.

While a B-2 change-of-status application is pending, the applicant should limit their activities to those permitted under B-2 status and should not engage in activities that are inconsistent with visitor status, including unauthorized employment.

So how can you respond if you receive an RFE questioning your intent?

In practice, we responded using a specific line of reasoning (see Figure 3), and the case was ultimately approved.

The key is to establish that at the time the B-2 application was filed, you had genuinely stopped actively looking for employment and intended to engage only in activities permitted under B-2 status.

Any employment opportunity that arose later was simply the delayed result of job-search activities conducted during the applicable grace period, rather than something that had already been planned when the B-2 application was filed.

Therefore, the fact that a new job opportunity arose later should not automatically be used to conclude that your original I-539 application was filed with an improper purpose.

For those who haven’t encountered this situation yet, here are some ways to reduce potential risks:

1️⃣ During the 60-day statutory grace period, you can generally conduct a job search.

Be sure to preserve evidence from this period, including:

Job application records

Resume submissions

Emails

Communication and chat records with potential employers

2️⃣ After filing the B-2 application, follow the plans described in your personal statement (PS) as closely as possible.

For example, engage in activities permitted under B-2 status, such as:

👉 Tourism and travel

👉 Taking time to rest and recharge

👉 Handling personal matters

At the same time, intentionally preserve supporting evidence, such as:

Flight itineraries

Hotel reservations

Attraction tickets

Photos from your daily life

Other relevant documentation

3️⃣ If an employer files an I-129 for you while your B-2 application is still pending, be prepared for USCIS to potentially scrutinize your original intent.

It’s important to anticipate this possibility.

💡 And even if you receive an RFE, there’s no need to panic.

An RFE does NOT mean your case has been denied.

Carefully reconstruct the complete timeline, gather comprehensive supporting evidence, and make sure the facts and dates are logically consistent from beginning to end.

With a well-supported response, the case may still have a path to approval.

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