In recent months, we have seen a noticeable increase in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) issued by USCIS in cases involving Form I-539 applications to change status from H-1B professional to B-2 visitor visa status.
These cases often involve individuals who file during the 60-day grace period following the end of H-1B employment. Despite this timing, USCIS has been issuing notices that question eligibility and, in some cases, signal an intent to deny.
For many H-1B professionals, these notices can be unsettling. The language used by USCIS is often firm and authoritative, and it can create the impression that the individual is out of status or must leave the United States immediately. In many cases, that conclusion is premature.
A Common Fact Pattern
We are seeing a recurring scenario in these RFE and NOID cases:
- An H-1B employee separates from employment
- The individual remains in the United States during the 60-day grace period
- A Form I-539 is filed to request a change of status to B-2
- The application is filed before the end of the grace period and before I-94 expiration
Even in cases that follow this sequence, USCIS has been issuing RFEs and NOIDs raising questions about eligibility for the change of status to B-2 Visitor.
The Issues USCIS Is Raising
These notices often focus on several areas:
- Maintenance of Status: USCIS may request documentation suggesting that the applicant must demonstrate continued H-1B employment up to the filing date.
- Purpose of Stay: The agency may question whether the requested B-2 Visitor classification is appropriate, particularly where there is any indication that the individual is exploring future employment. USCIS even suggests–incorrectly– that seeking employment or interviewing is not permissible while in B-2 status.
- Financial Support and Intent: Applicants may also be asked to provide detailed evidence of financial resources and ties abroad.
Individually, these requests may seem routine. Taken together, however, they can create a daunting narrative that suggests the entire application is at risk.
What Applicants Should Understand
These RFEs and NOIDs should not be taken lightly, but the regulatory framework governing these situations is more nuanced than these notices may suggest.
There are provisions in the immigration regulations that address what happens when employment ends and what options may be available during a limited period thereafter. These provisions were intended to provide a degree of flexibility in transition scenarios.
At the same time, change of status applications are discretionary and fact-specific. How a case is presented, documented, and explained can have a significant impact on the outcome.
The key point is this: a RFE or NOID from USCIS does not mean the case is over. It means the case needs to be addressed carefully and strategically.
Why a Thoughtful Response Matters
Responding to an RFE or NOID in this context is not simply about submitting additional documents.
It requires:
- Careful review of the notice and the underlying record
- Identification of legal and factual issues raised by USCIS
- A structured response that addresses those issues directly, and rebuts any incorrect statements of the law and facts
In our experience, these cases often turn on how effectively the response is framed.
A generic or incomplete response can increase the risk of denial. A well-prepared, legally sound response can significantly improve the chances of a favorable outcome.
A Developing Trend
The increase in RFEs and NOIDs in these cases reflects a broader shift in how USCIS is reviewing certain change of status filings.
For individuals navigating a job transition, this makes early planning even more important. Decisions made at the time of filing can influence how the case is evaluated later.
How We Can Help
At Goel & Anderson, we regularly advise clients on H-1B transitions, grace period issues, and change of status strategies.
We are currently assisting individuals who have received RFEs and NOIDs in these situations, including cases involving complex fact patterns and evolving adjudication trends.
If you have received a notice from USCIS or are considering your options following a job change, we can help you assess your situation and develop a plan.
Contact us to schedule a consultation.
