The 90 day rule in immigration - changing status after you enter on a B-1/B-2
9 mins read | Sep 15, 2026
START PREPARING EARLY FOR THE BEST CHANCES OF RENEWAL
Contributor
Tukki
Reading time
3 mins read
Date published
Jan 17, 2025
Time flies when you’re having fun, right? But if you’re in the US on a temporary visa, what happens when the clock starts ticking toward the expiration date of your current status?
If you’re within a year of your visa’s expiration, it’s time to act. Here’s when to get started and how to navigate the process.
This isn’t your first visa so you know that changing or extending a temporary visa involves more than filling out forms—though that part can be time-consuming! Visa petitioning is a complex process that requires preparation, documentation, and, often, navigating government processing delays. For example, Requests for Evidence (RFEs) to provide more proof of your eligibility can extend a timeline by weeks or even months.
Depending on the type of visa or US green card you’re transitioning to, you should budget time to meet with your immigration lawyer and gather the necessary evidence to make a strong petition. Letters of recommendation, proof of achievements, and other documentation aren’t built overnight.
One year might sound like plenty of time, but here’s the reality:
The last thing you want is to have to uproot your life due to red tape and bureaucratic delays.
Planning your next steps can feel overwhelming, but that’s where tools like this timeline and visa calculator come in. It’s designed to give you a clear picture of what to expect for your specific visa or US green card process, including how long each step typically takes, verified by US immigration lawyers.
Whether you’re thinking about transitioning to a US green card or extending your current visa, this tool can help you identify when to start and avoid rushing critical steps.
The earlier you start, the more control you’ll have over your immigration journey, especially because a consultation with an immigration lawyer can give you a roadmap for improving your profile, so when it’s time to apply, you’re ready. There are several steps you can take to improve your eligibility, but some can take months—so it’s better to know in advance and plan ahead.
Moreover, waiting too long can lead to last-minute stress, rushed applications, or even gaps in your legal status. By taking action now, you’ll have time to:
If you’re within a year of your visa’s expiration, schedule a consultation with Tukki’s legal team to explore your options, plan your timeline, and get the support you need for a seamless visa transition.
Your future in the US doesn’t have to be uncertain—start early, plan ahead, and choose Tukki’s immigration lawyer to make it a premium experience.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
How do I get my case file from my old immigration attorney?
You are entitled to a copy of your own case file, so request it in writing and be specific about the forms, evidence, and correspondence you need. Most firms provide it on request, and having the complete file lets your new attorney continue the work rather than rebuild it.
It is best to request the file early, before your new firm files the G-28.
Can I keep my EAD if I change jobs while my I-485 is pending?
Usually, yes. A pending I-485 can carry an EAD (Form I-765) that authorizes interim work, including during a job change under AC21. Because the EAD is tied to your pending adjustment of status rather than a single employer, it generally lets you work for a new employer.
Though it's worth confirming renewal and validity dates for your situation.
Does my employer need to file a petition for TN status?
No, your employer doesn't file a petition with USCIS for TN status.
They simply provide you with an offer letter describing the job, and you present that letter when applying for TN status at the border (for Canadians) or at a consular interview (for Mexicans).
This makes the TN process faster and less burdensome for employers than the H-1B.
Is the fee different for permanent residents living abroad?
The filing fee is the same, but the logistics are different. If you're living abroad and your green card expires, you typically have to renew through the U.S. embassy or consulate process (filing Form I-131A first), which has its own $575 fee.
Once you're back in the U.S., you file Form I-90 at the standard $415 or $465 fee. So a green card holder living abroad ends up paying significantly more in total than someone renewing from inside the U.S.
How long does E-2 visa processing take?
E-2 visa processing typically takes two to six months from start to finish, though this varies by consulate.
The interview scheduling wait time is often the longest variable.
Some cases require additional administrative processing that adds two to eight weeks.
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