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jhaprakash

Recommendations on bring H1B spouse on B2

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Hello,

 

I am on H1B visa (currently in US) and had got an H4 visa embassy interview appointment for my wife in October 2020. With new visa restrictions, it appears that H4 visa maybe impacted. Though embassies are closed in India (they may eventually open), interview dates are available for B2 visas. It will be great if you can share your understanding on bringing my wife on B2 visa instead. (In case if she can still get her H4 as I am already in USA, nothing like it).

1. How advisable is this approach?

2. What are the risks involved and any long term issues that can arise.

3. If a viable approach, what precautions to observe to increase success rate?

 

Thank you and regards.

Edited by jhaprakash

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1. You can try B2, but there is a hight chance it will be rejected.

2. No risk if she is granted a B2. But if she wants to transfer to H4 after coming to US, she should wait for 3 months before applying it.

3. You should consult an attorney to get an understanding the limits of each visa class (B2 and h4).

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what will she tell the CO about the true purpose and duration of her 'visit?'

They will be able to see the H4 appt, etc...

Edited by Noah Lott

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On 6/23/2020 at 10:44 PM, jhaprakash said:

Hello,

 

I am on H1B visa (currently in US) and had got an H4 visa embassy interview appointment for my wife in October 2020. With new visa restrictions, it appears that H4 visa maybe impacted. Though embassies are closed in India (they may eventually open), interview dates are available for B2 visas. It will be great if you can share your understanding on bringing my wife on B2 visa instead. (In case if she can still get her H4 as I am already in USA, nothing like it).

1. How advisable is this approach?

2. What are the risks involved and any long term issues that can arise.

3. If a viable approach, what precautions to observe to increase success rate?

 

Thank you and regards.

Given the fact, consulates may not start processing H4 visa until December, if your wife has genuine reasons to spend brief time with you and she has strong nonimmigrant intent and ties to home country she could apply for B2 visa. Even if visa is approved she may face hurdles at Port of entry. You could talk to Murthy Immigration Services Attorneys to understand the risks involved and have a proper strategy.

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