General Nonimmigrant Visa

Withdrawing a Pending B-2 when an H-1B is Approved

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How should one handle withdrawing a pending B-2 visitor visa application once an employer successfully files an H-1B petition?

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 The letter should explicitly state that if the H-1B is approved with status, the pending B-2 should be withdrawn; otherwise, B-2 processing should continue. 

90-Day Rule for Changing Status from B-1/B-2 to H-4

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Does the "90-day rule" allow me to change from B-1/B-2 to H-4 status inside the US?

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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.

PhD, CPT, and H-1B/L-1 employment strategies

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Should I switch to a PhD program to use day-one CPT for employment, or rely on H-1B/L-1 processes?

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Due to immigration uncertainty, it is advisable to plan only one step ahead. If you pursue a PhD with CPT, select a flexible program where CPT is not rigidly bound to an immediate start. If your employment is with a multinational company, explore L-1 visa options, as they offer distinct benefits, including automatic work authorization for spouses.