Why was my Change of Status approved with only one day of validity?

When you enter the U.S. on a non-immigrant visa and later wish to change your non-immigrant status, you can submit an application to USCIS for this purpose. However, sometimes the change of status is approved for only one day. We often receive inquiries from clients or potential clients asking why their application was approved for just one day and whether this would cause a gap in their status. Today, we are discussing a shocking incident: an in-country change to a B visa was approved with just one day of validity! What's going on here? Is it really an error by USCIS?

The U.S. Job Market and the Predicament of H1B Visa Holders

Recently, the U.S. job market has been bleak. We have received feedback from many students, most of whom are H1B visa holders, who have unfortunately faced company layoffs and their grace period is about to end. As a result, they have no choice but to switch to a B visa. However, they have encountered a strange issue. Typically, the I-94 validity period for B visa status is up to six months at a time, but these students have received only one day of validity. This essentially means that as soon as they get their B visa, they must immediately leave the country, or in some cases, the B visa has already expired by the time they receive it. This is undoubtedly a double blow for these unemployed students who initially wanted to stay longer to find a job but now have to leave the country immediately and don't even have time to apply for an extension.

Why is the B Visa Valid for Only One Day?

1. Date Issues on Form I-539

   After consulting immigration lawyers, we found that this depends on various situations. First, it could be due to the date issues on Form I-539. When filling out the form, applicants might have filled in the start and end dates for the B visa too early. As a result, when the B visa is approved, the dates they initially entered might have already passed. Thus, USCIS might naturally assume that you should have already left the country or are prepared to do so upon receiving the approval notice.

2. USCIS Reluctance to Approve Long-Term B Visas

   Secondly, it could be because USCIS, based on your circumstances, is reluctant to approve a long-term B visa. They might approve your B visa with an immediate expiry to prompt you to leave the country quickly. This might be out of sympathy, preferring not to outright reject you, but instead, approving with a very short duration, urging you to leave quickly. This can be seen as a kind gesture because if they sent a rejection notice, the unlawful presence period would typically start from the end of your previous status. But now it starts a day after the B visa expiration.

3. Multiple Status Change Applications Causing Timing Conflicts

   Another possible scenario is that USCIS can only approve within a limited timeframe, for example, if the applicant has submitted multiple status change applications simultaneously. The approval date for the second B visa application might be affected. However, this situation is uncommon. Specific advice should be sought from a professional immigration lawyer.

4. USCIS Error

   Finally, it could indeed be a USCIS error. In this case, applicants can submit a correction request, attaching all relevant documents and detailing the problem's background. USCIS will review and correct the error.

What to Do if Your B Visa is Approved for Only One Day

Exceeding the B Visa Approval Date

If you receive the notice after the B visa approval date has passed, you are already in unlawful status. Even if you find a new company willing to file an H1B for you, there isn’t enough time to submit another in-country status change application. In this case, you need to leave the country promptly and consider reapplying for the visa, ensuring that your departure date is reasonable and well-documented.

One Day Remaining

However, if you receive the notice with one day of validity left, you may quickly submit a B visa extension or change to another status. This is why we advise students who lose their H1B jobs to, if possible, change to F1 status, as it is more stable. First, F1 status can be expedited, making the timeframe manageable. Even if denied, you can get a result before your previous status expires, preventing a last-minute scramble. Always prepare in advance and leave ample time to handle potential issues. When dealing with USCIS, every detail counts. If you encounter similar situations, stay calm and follow the steps to resolve the issue.

In conclusion, this USCIS error reminds us that every detail in visa and immigration matters is crucial. If you encounter a similar issue, follow the steps we provided to address it.