B-2 Visa

Although US immigration law forgives unlawful presence for immediate relatives of US Citizens, marrying and filing before the 60-day grace period ends is strongly recommended whenever possible. Relying on a pending B-1/B-2 application while adjusting status introduces unnecessary legal complexity and risks.

A two-party approach requesting assistance from local Congressmen and Senators is recommended. If congressional inquiries fail, consulting a litigator to potentially threaten a lawsuit against the US Attorney's office can help compel USCIS to resolve the delay.

While widespread stops are not commonly reported, they are possible. It is best to avoid optional travel. If you must travel, carry your passport, I-94, approval notices, and proof of your ongoing status (like pay stubs or transcripts).

This is a common bottleneck. Have your employer contact their local congressman’s office to push for adjudication. If that fails, reaching out to a litigator to threaten a lawsuit against the US attorney's office can often resolve such delays.
 

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 The letter should explicitly state that if the H-1B is approved with status, the pending B-2 should be withdrawn; otherwise, B-2 processing should continue. 

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.

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.