A B-2 change of status RFE may require a detailed account of an applicant’s temporary stay, according to an October 27 advisory from Reddy Neumann Brown PC. For former H-1B workers, the central issue is whether the record establishes a genuine, temporary visitor purpose—not simply additional time in the United States after employment ends.
U.S. Citizenship and Immigration Services uses Form I-539 for certain requests to change or extend nonimmigrant status. Its instructions require B-1 and B-2 applicants to explain the reason for the request, why the stay will be temporary, arrangements for departure, the effect on foreign employment or residence, and how the applicant will pay living expenses.
B-2 visitor activities may include tourism, vacations, visits with friends or relatives, medical treatment and certain unpaid recreational activities. Employment, degree study and permanent residence are not permitted visitor activities. Filing Form I-539 also does not itself provide employment authorization.
The law firm’s advisory recommends reconstructing the period covered by the RFE as a chronological record. Applicants may need to identify where they lived, cities and attractions visited, overnight stays, family visits and significant periods between trips. Records could include completed-stay invoices, transportation receipts, dated photographs, attraction tickets, account transactions and letters from people who provided lodging.
Evidence should document what actually occurred, rather than relying only on the plans described in the original application. Canceled trips, changed itineraries and approximate dates should be labeled accurately. Applicants should not invent activities or submit documents that create inconsistencies with earlier filings.
Financial records may also be important. Bank statements, evidence of savings and letters describing support or free housing can help show how the stay was funded without unauthorized employment. Significant deposits should be explained with supporting records when relevant.
A response should connect the applicant’s activities to a defined end point. Evidence of a residence abroad, family obligations, property or a lease may support an intent to return, but every claim should accurately reflect the applicant’s circumstances. Departure evidence may include a realistic travel timeframe, available funds, reservations, lease-ending correspondence or plans for disposing of U.S. belongings.
Job searching may be part of the timeline, but it does not replace the need to demonstrate eligibility for B-2 visitor status. Former H-1B workers also cannot begin a new job while in B-2 status; the appropriate employment-authorized status must first take effect.
The deadline printed on the RFE controls. USCIS guidance lists a standard 30-day response period for Form I-539 RFEs, and federal regulations do not permit extensions beyond the stated response period. Applicants should address every question in the notice and organize exhibits so the chronology, financial evidence and departure plan are easy to follow.
This article provides general immigration information and does not constitute individualized legal advice.