USCIS 90-Day Rule, Enter on Tourist Visa (then Marriage/H1B)

Originally published at: USCIS 90-Day Rule, Enter on Tourist Visa (then Marriage/H1B) - USA

Many people who are stuck in India are thinking of coming to the US using either an F1 or B1/B2 visa and then filing an H1B change-of-status application. Family-based Immigrants usually follow this path to cut the waiting time. Legally, you can do it but I do not suggest it as filing a change of…

Hi Anil, if I understood your article correctly, you mentioned that 90 days rule doesn’t apply for a dual intent visa holder, such as H-1B. Is this correct? Just want to make sure.

It does apply but chances are low for an issue with H1B as it has dual intent.

case background: married since Feb 2015. spouse working in the US on H1B since Oct 2019. I am having B1/B2 visa. can I visit her on B1/B2 and then apply for H4 while in the US.
does the 90 day rule apply to me? if yes, will it be ok to apply after 105 days.

90 day rule will apply to you. Its usually fine to apply COS after 90 days.

thanks Anil. just a follow-up query: assuming i apply for H4 post 90 days. how long approx the H4 process would take? as i would left with less than 90 days on the tourist immigration stamp.

I had to travel out of US for medical emergency while h1b is in process. Now , I have received a NOID for COS denial. I am on OPT and getting H1B stamping is very difficult due to COVID. When should I file for COS status from OPT to H1B? or rather wait for Consulate to open and go for visa stamping?