A significant query about modifications to visa status was posed by a social media user. They have both an H1B and an H4 visa; the H4 has been used for a short stay in the united states, and the stamped H1B has never been used to enter the country. They planned to visit the united states on an H1B visa in march after receiving a job offer from another firm. But will there be issues with USCIS if they apply for COS soon after arriving?
The "intent" is the primary issue. Entering on H4 indicates that you intend to stay a dependent and not work. USCIS may inquire as to whether the applicant misrepresented their intent upon admission if a COS application is filed too soon after arrival. The 30/60/90 day rule is another unofficial regulation that officers may take into account. A red flag could be raised if a COS application is submitted within 30 days of arrival. While the danger decreases after 60 days, the interval between 30 and 60 days is a little unclear.
Waiting at least 30 days before submitting an application for COS is one tactic. Another alternative, albeit it might not be the most practical one, is to stay in india until the H1B transfer is authorized. Such a visa scenario can be complicated. Consulting with an immigration lawyer could assist clarify matters and prevent unexpected difficulties.
The "intent" is the primary issue. Entering on H4 indicates that you intend to stay a dependent and not work. USCIS may inquire as to whether the applicant misrepresented their intent upon admission if a COS application is filed too soon after arrival. The 30/60/90 day rule is another unofficial regulation that officers may take into account. A red flag could be raised if a COS application is submitted within 30 days of arrival. While the danger decreases after 60 days, the interval between 30 and 60 days is a little unclear.
Waiting at least 30 days before submitting an application for COS is one tactic. Another alternative, albeit it might not be the most practical one, is to stay in india until the H1B transfer is authorized. Such a visa scenario can be complicated. Consulting with an immigration lawyer could assist clarify matters and prevent unexpected difficulties.
