B1/B2 To H4 Conversion


Kumar1207

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Hi , 

I need to bring my spouse after getting marry from INDIA. Currently she holds B1/B2 visa. So my question here is whether I can bring her to United States on B1/B2 visa after coming here can I apply for H4/H4 EAD Extension. Because of Covid and due to my company leave policy I am planning to choose this option. Can you please advise what is the pros and cons by doing so. 

 

Thanks,

Kumar 

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  • 3 weeks later...

Technically this is possible with someone entering on a B1 or B2 visa and then wait for 90 days before filing a change of status based on the dependents' H1. Having said that, there are inherent risks in these approaches because the intent of entering is not for the purpose the visa was given, so it will likely get flagged for fraud/falsification. I would recommend consulting an immigration lawyer and working through the scenarios/risks before you choose it. The 90 days rule offers this option based on what i have researched but it is fraught with risks!

Note: These are just suggestions & do not constitute any legal opinion. Please do your own research before you proceed.

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