I was employed with my employer (an Indian service-based company) starting in December 2024 and was on STEM OPT, which was valid until June 2026. My employer filed my cap-subject H-1B after I was selected in the lottery, and the H-1B was approved on November 8, 2025. However, when my employer received the I-797A in December 2025, there appeared to be an error: both the start date and end date were November 8, 2025, essentially making the approval valid for only one day. My employer raised a USCIS service request regarding the error and was told to wait approximately 60 days, until around March 6.
Because of the incorrect I-797A dates and the pending service request, my employer asked me to make a decision regarding my situation. They told me that I could leave the United States and wait outside the country until the service request was resolved, after which they would try to bring me back if possible. Alternatively, if I did not want to leave the country, I would need to resign; otherwise, they would terminate my employment. At that point, my employer did not want to take the immigration risk associated with my case while the I-797A issue remained unresolved.
I consulted independent immigration attorneys about my options. Based on those consultations, I was advised that instead of leaving the United States, I could remain in the country, search for a new employer willing to file an H-1B petition/transfer, and use a B-2 change of status as a bridge if necessary.
Based on that advice, I decided to remain in the United States and informed my employer of my decision. My employer subsequently terminated my employment on January 22, 2026.
I consulted immigration attorneys, who advised me to file a change of status to B-2 while searching for another H-1B employer. Based on that advice, I filed Form I-539 for B-2 COS on January 26, 2026, and received the receipt notice, but the case remained pending. One attorney also suggested that I, as the H-1B beneficiary, submit a service request regarding the incorrect I-797A dates. I did that, but USCIS responded on April 1 saying that an H-1B beneficiary is not a recognized party to the I-129 proceeding and that the inquiry needs to come from the petitioner/applicant or legal representative.
Meanwhile, I found a new job around June 20th, 2026. At that time, the new employer’s attorney was concerned about filing B-2 → H-1B COS while my first B-2 I-539 was still pending and suggested waiting for the B-2 decision. Because my first B-2 application still had not been decided as I approached the requested B-2 period, I subsequently filed a B-2 extension on July 11, 2026, which is also still pending.
My new employer eventually filed my H-1B petition/change of status in premium processing on August 16, 2026. USCIS has now issued an RFE asking for evidence related to the prior benefit request, including evidence that any USCIS notice on the prior request was responded to, that a final decision was made on the previous request, or evidence showing that I was in valid nonimmigrant status when the current petition was filed/requested start date. The RFE also says that if the deadline arrives and the prior petition still has not been decided, we should respond and state that.
So currently I have two pending B-2/I-539 filings (initial COS filed Jan 26 and extension filed July 11), the new H-1B COS filed Aug 16 in premium processing, and an RFE on the H-1B. The original H-1B I-797A also had the incorrect same-day validity dates, and my previous employer had opened a service request regarding that error.
Has anyone dealt with a similar “bridge” situation where B-2 COS/extension applications were still pending when a new employer filed H-1B COS? What happened after responding to the H-1B RFE? Did USCIS approve the H-1B with change of status, approve it for consular processing only, wait for the pending I-539s, or deny the COS portion? I’m especially interested in recent experiences with similar cases.
