vivianzh0721 Posted April 28, 2020 Report Share Posted April 28, 2020 Hi, is there a rule that I have to stay in US on B for more than 90 days before I can file change of status from B to H1b? I had H1B before, left the job and working outside US, and just filed for h1b for a new job. I am in US visiting on B visa.The new h1b was filed as CP but with the suspension of premium processing and visa appointments, seems change of status is the only more possible option. The lawyer said I have to be in the US for more than 90 days on B to file COS. Is it true? Quote Link to comment
pontevecchio Posted April 28, 2020 Report Share Posted April 28, 2020 " On September 1, 2017, The Department of State updated the Foreign Affairs Manual (the “FAM”) to modify the guidance on the term “misrepresentation” for purposes of determining inadmissibility under INA § 212(a)(6)." " Under the new rule, any conduct found to be a misrepresentation that occurs within 90 days of entry triggers a presumption of willful misrepresentation. " In any case the decision on your pending H1 petition will take months. Quote Link to comment
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