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B1/b2 To H4 Conversion

Talk about immigration laws here

B1/b2 To H4 Conversion

Postby Vance » Sun Dec 04, 2016 11:34 pm

Hi

I have a question regarding my wife's visa conversion from B1/B2 to H4. I am currently on my F1-OPT Visa and have filed for my H1 visa last week. My wife is on B1/B2(tourist) visa issued on 1st Feb 2011. She has been to USA in Feb-2011 for 2 weeks to visit her sister and then she returned back to UK where she was working. In May 2011 we both got married in India and she accompanied me to USA in May. My wife's I94 will be expiring in November 2011 and I thought of filing her Change Of Status(COS) from B1/B2 to H4. Is it advisable to get her COS right now or should I wait for 90 days to get it done. Also, is it advisable to get her COS from USA or should she go back to India and then get her H4 stamping done along with my H1.

Thanks

Rahul
Vance
 
Posts: 40
Joined: Sat Apr 19, 2014 5:26 pm

B1/b2 To H4 Conversion

Postby Nawat » Mon Dec 12, 2016 6:21 am

Hi,

In order to avoid fraudulent entry issues in the future, I recommend waiting for at least 60 days from your wife's last date of entry to the U.S. in visitor(B1/B2) visa status before the change of status application requesting H4 status is filed with the USCIS. There is no advantage in additional waiting time of 90 days after entry, or in applying for H4 visa stamp outside the U.S. since she will have waited at least 60 days after entry in order to file for change of status.

A related article is here: www.h1b1.com/family.htm
Nawat
 
Posts: 43
Joined: Fri Jan 17, 2014 6:00 pm

B1/b2 To H4 Conversion

Postby Raymundo » Mon Dec 12, 2016 7:46 pm

Hi

I have a question regarding my wife's visa conversion from B1/B2 to H4. I am currently on my F1-OPT Visa and have filed for my H1 visa last week. My wife is on B1/B2(tourist) visa issued on 1st Feb 2011. She has been to USA in Feb-2011 for 2 weeks to visit her sister and then she returned back to UK where she was working. In May 2011 we both got married in India and she accompanied me to USA in May. My wife's I94 will be expiring in November 2011 and I thought of filing her Change Of Status(COS) from B1/B2 to H4. Is it advisable to get her COS right now or should I wait for 90 days to get it done. Also, is it advisable to get her COS from USA or should she go back to India and then get her H4 stamping done along with my H1.

Thanks

Rahul
Raymundo
 
Posts: 36
Joined: Fri Mar 07, 2014 7:38 am


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