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change of status

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Before my original non-immigrant status expired, I filed a change-of-status petition. While this is pending, can I file a second change-of-status petition to a different category? Questions & Answers

Before my original non-immigrant status expired, I filed a change-of-status petition. While this is pending, can I file a second change-of-status petition to a different category?

It is possible to file a second change of status petition while an earlier change of status petition is pending, but in some cases denial of the first petition will result in invalidating the second petition.
July 19, 2023
I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa. H-1B and E-3 VisaImmigration

I am currently in the U.S. in H-1B status but recently lost my job. I’d like to change my status from H-1B to a B-2 tourist visa.

For background, you can learn more about the H-1B visa here, and about the B-2 tourist visa here . But if you want to change status between the H-1B and B-2, how does the timing matter? Can I file a…
December 30, 2020
I want to come to the U.S. to set up an E-2 business. Should I enter on a B-1 or B-2 visa? Can I change status in the U.S. if I entered on a B-2 visa? E-2 VisaImmigrationInvestor Visas

I want to come to the U.S. to set up an E-2 business. Should I enter on a B-1 or B-2 visa? Can I change status in the U.S. if I entered on a B-2 visa?

If you want to come to the U.S. and explore E-2 investment opportunities, you should enter as a B-1 business visitor (either on a B-1 visaor as anESTA business visitor). Exploring investment opportunities is an activity that is specifically allowed…
December 1, 2020
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I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime? Immigration

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

No, in general we discourage travel outside the U.S. while a change of status petition is pending. Travel Outside the U.S. While Change of Status Petition Is Pending An individual who has status under one nonimmigrant visa category can change…
October 15, 2020
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I had a J-1 visa in the past and I am subject to the 2-year residency requirement. Can I apply for an O visa? Can I apply for an E visa? Can I apply for an H-1B visa? E-1 VisaE-2 VisaExtraordinary AbilityH-1B and E-3 VisaImmigrationInvestor Visas

I had a J-1 visa in the past and I am subject to the 2-year residency requirement. Can I apply for an O visa? Can I apply for an E visa? Can I apply for an H-1B visa?

Participants of some J-1 visa programs are subject to a 2 year home residency requirement. This means, that the J-1 visa participants will have to return to their home country for at least 2 years after the completion of the…
June 11, 2020
What is the E-1 application process? Should I apply for an E-1 visa at a Consulate? Can I file an E-1 Change of Status application with USCIS? E-1 VisaImmigration

What is the E-1 application process? Should I apply for an E-1 visa at a Consulate? Can I file an E-1 Change of Status application with USCIS?

If you are a national of a treaty country and you want to come to the U.S. to engage in international trade between the U.S. and your home country, E-1 visa is a great option for you. Our clients often…
April 22, 2020
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I was selected in the H-1B lottery and I am currently in the U.S. on a J-1 trainee visa. Does Cap-Gap apply to J-1 visa? Can I stay in the U.S. until October 1? Can I Change Status? H-1B and E-3 VisaImmigration

I was selected in the H-1B lottery and I am currently in the U.S. on a J-1 trainee visa. Does Cap-Gap apply to J-1 visa? Can I stay in the U.S. until October 1? Can I Change Status?

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B petitions that USCIS can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced…
April 16, 2020
My status is running out and I cannot leave because of Corona Virus. Can I file a Change of Status application in the U.S.? What are the Implications of filing this application? COVID-19

My status is running out and I cannot leave because of Corona Virus. Can I file a Change of Status application in the U.S.? What are the Implications of filing this application?

When you enter the U.S. on a visa, your I-94 date governs the amount of time that you are permitted to stay in the U.S.  Normally, when status is about to expire, there is an option to either extend status,…
April 15, 2020
Can I apply for an E-2 visa if I enter on a B-2 Visa? Can I Change status to E-2 if I am not in B-1 status? Can I change status to E-2? E-2 VisaImmigrationInvestor Visas

Can I apply for an E-2 visa if I enter on a B-2 Visa? Can I Change status to E-2 if I am not in B-1 status? Can I change status to E-2?

While most E-2 visas are filed at U.S. Consulates abroad, there are some instances where an applicant may apply for a change of status while in the U.S.  For example, an applicant could enter the U.S. on B status and…
February 14, 2020
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Can I apply for an E-2 visa for my Dependents if I Changed Status in the U.S.? Can my Family apply for an E-2 visa at the Consulate? E-2 VisaInvestor Visas

Can I apply for an E-2 visa for my Dependents if I Changed Status in the U.S.? Can my Family apply for an E-2 visa at the Consulate?

When in the U.S., it may be possible to apply to change status to E-2 status.  (Eg. moving from an F-1 to E-2) If an applicant changes status in the U.S. and has family members abroad, the question comes up…
July 18, 2019
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