Persons who obtain visiting visas to the U. S. are supposed to have an intent to only be visiting this country. If they take actions very soon after the date of entry, e.g. begin H-1B paperwork within 30 days of coming to the United States, there is a presumption that they had a preconceived intent to abuse the visa as they never intended to return. In such circumstance, a change of status could be denied. On the other hand, U.S.C.I.S. does allow changes of status where it does not appear that such was the purpose of the persons applying for such when they entered this country. Activities begun after the 60th day lose the presumption. This is called the 30/60 day rule. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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