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Dobrina Ustun
โ Attorney
ยท
6 days ago
For years, if you got laid off on an H-1B, the standard move was straightforward โ file Form I-539 to change to B-2 visitor status within your 60-day grace period, job hunt, interview, then transfer back to H-1B without ever leaving the U.S. USCIS even had a page explicitly saying job searching and interviewing were permissible B-2 activities. That page was quietly archived on March 31, 2026. Now adjudicators are using that archival to issue RFEs, Notices of Intent to Deny, and outright denials โ arguing that job searching was never a valid B-2 purpose, and that filing a subsequent H-1B petition proves you never had proper B-2 intent to begin with. No formal policy announcement. No rulemaking. Just a pattern of denials. The stakes are high. A denied B-2 could force consular processing abroad โ where some new H-1B petitions now carry a $100,000 fee under the September 2025 Presidential Proclamation. If you're an H-1B worker, an HR/immigration contact at a tech company, or an employment attorney โ this is something you need to know about now, not after a layoff happens. Talk to an immigration attorney before assuming the old playbook still works. It may not.
Everything H-1B: lottery results, transfer tips, premium processing, RFEs, and employer sponsorship. A community for tech workers, engineers, and professionals navigating the H-1B process.
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