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Change of Status (COS) from B2 permitted within 1 month of entering USA?

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  • Change of Status (COS) from B2 permitted within 1 month of entering USA?

    Hi,

    I got a question. I got this friend and she used to work in the States earlier on H1B Visa. She left the US and went back to her home country. Now, 2 years later, she has come back to US on a Tourist visa (B2). Her old H1B visa is still valid.

    If she files her for a status transfer from Tourist Visa to Work Visa immediately upon entering the States (like 1 month), will this get declined as a pre-meditated move or it will go through as she already has the valid work visa and filing for status transfer can happen anytime?

    Please help.

    Natalie
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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