The 90 day rule in immigration - changing status after you enter on a B-1/B-2
9 mins read | Sep 15, 2026
FEATURES, INTEGRATIONS, VENDOR QUESTIONS
Contributor
Tukki
Reading time
10 mins read
Date published
Sep 1, 2026
Immigration case management software is a category, not a single product, and what sits inside one differs a lot from vendor to vendor.
Depending on the system, it might track cases through their stages, collect documents from employees, hold compliance records, alert someone before a date passes, report on the sponsored population, or include the legal work itself.
Few products do all of it, and the ones that do it differently are not interchangeable. That makes this a checking exercise rather than a shortlist exercise.
These are the situations that tend to trigger the search for an immigration software. Check which matters the most to you and your company:
Expirations nobody owns. A visa expires, an EAD lapses, an I-94 runs out. In a spreadsheet, the alert is a person remembering. When that person changes roles, the alert leaves with them.
Document collection by email. Passport pages, degree certificates, offer letters, and prior approval notices arrive as attachments across dozens of threads. Nobody can say with confidence what is still outstanding for a given case without reading the thread.
Audit requests that take a week. A Notice of Inspection, a customer security review, or a DOL request arrives, and the records exist but they're distributed across an HR drive, an attorney's file, and someone's inbox.
Cases you can't see into. The petition is with counsel. You know it was filed. You do not know whether it's in drafting, in review, or waiting on a document from the employee, so you email to ask, and the answer arrives a day later.
Each of these is a visibility problem rather than a competence problem, which is why software helps at all.
At its core, this category does four things:
Around that core, products differ in shape.
If your question is closer to "which service should we use" than "which system," our comparison of immigration services for startups covers that decision from the founder's side. This post is about evaluating a system.
Each one below is a question you can ask directly to the immigration service provider.
Case tracking is the base capability, and the test is whether the system shows current status, case stage, and next milestone for the whole population at once. Ask to see the list view populated with sample data, not a single case detail page.
The list that matters: status expiration, I-94 expiration, EAD validity, visa stamp validity, LCA validity and posting dates, priority date movement, and reverification dates for Form I-9. Ask which of these the system tracks natively versus which you'd enter as a custom field, and what the alert does when a date approaches.
A system that requests documents directly from the employee, shows progress, and sends its own reminders removes the chasing from HR's plate. A system that stores what you already collected does not. The difference is roughly ten hours a case.
These are separate record sets with different retention rules. Ask whether the system holds them, whether it tracks the retention dates, and whether the public access file can be produced on request. Our guides to I-9 compliance and company immigration policy cover what those records have to contain.
Two different audiences. Leadership wants headcount by status, cost, and upcoming renewals. An auditor wants a specific record set for a specific person as of a specific date. Ask to see both, built live rather than as a screenshot.
Ask which HRIS platforms have a maintained connector versus a CSV import, whether SSO is available on your plan tier or only on enterprise, and whether a hiring manager can see their own team's cases without seeing everyone's.
You're storing passports, salary data, and medical-adjacent records. Ask where the data is hosted, what certifications the vendor holds, and whether every access and change is written to an audit trail you can read.
This is the question most likely to get a vague answer, so it gets its own section below.
Who does the initial data migration, how long it takes, and what your team has to produce. Ask for a reference customer of a similar size who went live in the last year.
Per employee, per case, per seat, or flat. What triggers an overage. Whether legal work, RFE responses, and consultations are inside the price or billed separately.

Five questions that produce useful answers rather than demo answers:
"Show me what happens when an employee's status is 90 days from expiring." This tests the alert chain end to end: who gets notified, through what channel, and what action the system prompts. A vendor that can only show you a dashboard badge is showing you a report, not an alert.
"Who is the attorney of record on a case filed through your platform, and how is Form G-28 handled?" Form G-28, the Notice of Entry of Appearance as Attorney or Accredited Representative, establishes who is formally representing the petitioner before USCIS. A clear answer names a firm or in-house counsel. An unclear answer means the legal relationship sits somewhere you haven't mapped yet.
"What happens when we get an RFE, and who pays for the response?" A Request for Evidence is a normal event, not an exception. Whether responding to one is inside the price or billed as new work changes your budget materially and is easy to leave unasked until it happens.
"Can you produce a complete compliance record for one employee, as of a date two years ago?" This is the audit test. Systems that overwrite records rather than versioning them cannot answer it.
"What does our team have to do during implementation, and how long from signature to first case?" The honest answer involves your people doing real work. A vendor claiming zero effort is either not migrating your history or is going to surprise you.
Software organizes and tracks a case. It does not provide legal advice and it does not replace counsel. Licensed attorneys do the legal work: assessing eligibility, choosing a strategy, drafting the petition, and responding when USCIS pushes back.
This matters practically rather than as a disclaimer, because the strategic decisions in an employment-based case are legal judgments: whether a role qualifies as a specialty occupation under the H-1B rules, whether a candidate's evidence supports an O-1A instead, whether a job description will survive PERM recruitment, and whether an RFE response should concede a point or contest it. None of those are workflow problems, and no amount of tracking resolves them.
So when you evaluate a system, be clear about which of the two things you're buying:
Both are legitimate. What creates risk is buying the first while assuming you bought the second, and discovering at the first RFE that nobody was assigned to answer it. If you're still deciding whether you need counsel at all, do I need an immigration lawyer covers that question, and switching immigration lawyers covers the mechanics if you're moving an existing case.
Tukki runs the legal work and the software as one system, so every sponsored case sits in a platform HR can open at any point while licensed attorneys do the work inside it. Here is how that maps to the problems listed at the start of this post.
Cases you can see into. Every petition moves through five layers of review: an automated check, paralegal revision, attorney approval, client sign-off, and a final scan before filing. Each layer is a state in the system, so HR can see which stage a case is in, which sections are complete, who is working on it, and petition completion as a percentage, without emailing to ask.
Document collection without the email thread. Documents are requested and uploaded inside the platform rather than sent as attachments, with progress tracked per case, so what is still outstanding is visible instead of reconstructed.
Alerts before dates pass. Petition assembly happens inside the platform and issues are flagged as they surface rather than at the end, so a missing document or an approaching date reaches someone while there is still time to act.
Attorneys on the case throughout. Licensed attorneys run the eligibility assessment, the strategy session, and document review, with biweekly check-ins with the legal team scheduled into the case. The platform is where that work is organized and made visible, and the answers come from the legal team.
RFEs inside the engagement. One flat fee covers the case including any RFE response it needs, so an RFE is handled as part of the work rather than as a new conversation.
If you want the case-level detail, our process page walks through what happens at each stage, and what makes us different covers how the legal work is structured.
The buying decision here is less about features than about which problem you're solving. If the problem is that nobody can see what is happening, you need visibility. If the problem is that the legal work and the tracking live in two different relationships, you're choosing between joining them or accepting the handoff.
Tukki is a U.S. immigration provider that works with employers sponsoring skilled professionals, covering H-1B specialty occupation petitions, O-1A extraordinary ability cases, L-1 transfers, and employer-sponsored green cards through PERM labor certification. HR gets one view of every case and every date across the sponsored population, with licensed attorneys running the legal work behind each one.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
How long can each L-1A visa extension last?
Each L-1A extension can be granted for up to two years at a time.
The total time you can spend in L-1A status is seven years, including your initial period and all extensions combined.
Time previously spent in H-1B status also counts against this seven-year cap.
Can I attend a conference on a tourist visa?
Attending a professional conference is a B1 (business) activity, not a B2 (tourist) activity. If you enter the U.S. as a tourist on B2 status and your primary purpose is attending a business conference, that's a mismatch.
If conference attendance is the main reason for your trip, make sure to declare business as your purpose at the port of entry so your I-94 reflects B1 status.
How long can I stay in the U.S. after a STEM OPT denial?
Generally 60 days from the date of the denial, if you were in valid F-1 status when the decision was issued. That grace period is the time to file a motion, apply for reinstatement, change to another status, or arrange departure.
If the denial resulted from a prior failure to maintain status, there is no 60-day grace period. Because the counting is fact-specific, confirm your exact deadline against the notice and, where possible, with an attorney.
What is the EB-1A approval rate?
The EB-1A approval rate varies, but well-prepared petitions with strong evidence have a high chance of success. That said, USCIS applies a rigorous two-step review: first checking whether you meet at least 3 criteria, then evaluating the totality of your evidence in a final merits determination.
Working with an experienced immigration attorney can significantly improve your chances. Weak petitions are more likely to receive a Request for Evidence or denial.
Can an EoR file an H-1B for me?
Usually not. The H-1B petitioner has to be the employer with the right to control your work, and an EoR is typically only the legal employer of record for payroll and compliance while your client company directs the job.
Because the controlling employer and the EoR are different entities, the EoR generally fails the petitioner test that USCIS applies.
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