Continue to stay with new i539(H4) while on Tourist Visa(b2)


Ricky27

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Hello Experts,

My spouse needs to go to INDIA in NOV 2012.

As my H1B (& her H4 ) is under extension which takes longer time, I am planning to bring her back on tourist Visa (B2) so that she can come back in 2 weeks time.

Assuming that she comes back to US on Tourist Visa (B2) and also assume that that I will get my H1B extension( &her i539) approved after some time:

1) Can she continue to stay on new i539 in US or does she needs to go back to INDIA and get her H4 stamping and re-enter US?

2) Who can sponsor her tourist Visa(B2) ? Can I apply for her Tourist Visa or my relatives who have GC should apply?

Appreciate your responses.

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