How should one handle withdrawing a pending B-2 visitor visa application once an employer successfully files an H-1B petition?
A standard practice is to include a notarized letter inside the new H-1B petition package. The letter should explicitly state that if the H-1B is approved with status, the pending B-2 should be withdrawn; otherwise, B-2 processing should continue.
Can I enter the US on a tourist visa (B-1/B-2) and then change my status to F-1?
This is strongly discouraged. Entering the US on a visitor visa with the preconceived intent to convert to student status is considered misrepresentation and may result in a permanent bar from the United States.
Does the "90-day rule" allow me to change from B-1/B-2 to H-4 status inside the US?
No. The "90-day rule" is a misconception; USCIS always evaluates the intent behind your entry. Entering with the intention to change status can be viewed as misrepresentation. It is generally safer to process your visa stamp outside the US.
Is filing for a B-1 visa as a backup for F-1 status within the 60-day grace period a good idea?
This is "up in the air" and varies by case. Filing for B-1 might "dilute" the F-1 filing, and the regulations could potentially hurt the applicant later.
An applicant's spouse entered the US on a B-2 (visitor) visa while the applicant was on F-1 STEM OPT. The applicant was recently selected for the H-1B lottery and wants to know if the spouse should apply for a change of status to H-4 in the US or get a visa stamping abroad.
Getting an H-4 visa stamping abroad is much cleaner. Applying for a change of status carries the risk that the government might claim she had "preconceived intent" to stay long-term while entering on a tourist visa.
Published by: The Economic Times - May, 08, 2026
https://economictimes.indiatimes.com/nri/migrate/us-visa-paying-extra-has-become-the-only-way-forward-for-many-h-1b-f-1-opt-l-1-applicants/articleshow/130950024.cms
Quotes and Excerpts from Rajiv in the article:
Published by: The Times of India - April 08, 2026
https://timesofindia.indiatimes.com/nri/us-canada-news/h-1b-bridge-rout…
Quotes and Excerpts from Rajiv in the article:
Published by: The Daily Californian - September 04, 2025
https://shorturl.at/jquuv
Quotes and Excerpts from Rajiv in the article:
Approximately 2.1 million foreign students are enrolled in an F, J, or I program, with an estimated 414,000 individuals requesting extensions annually, as reported by the Law Offices of Rajiv S. Khanna.
For more information on this news, please see the attachment.
Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?
This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.
General Rule: Yes, Unlawful Presence Continues