Regd H1b VISA

[vatpk]

Hi,

 

I am currently on H1b. I am planning to file a H1b VISA for my wife who is currently working in India. She currently has a B1/B2 visa from a previous company. When H1b Visa is in process, can she come to USA on B1/B2. 

 

Instead should I file a H4 prior to filing H1b VISA. 

 

Please help me with the best possible options. 

[jairichi]

Hi,

 

I am currently on H1b. I am planning to file a H1b VISA for my wife who is currently working in India. She currently has a B1/B2 visa from a previous company. When H1b Visa is in process, can she come to USA on B1/B2. 

 

Instead should I file a H4 prior to filing H1b VISA. 

 

Please help me with the best possible options. 

I think an employer is applying for a H1B visa and not you?

She can enter with a B2 visa or H4 visa to visit you. But, to be on active H1B after approval she has to exit and enter US with a H1B visa or employer applies for COS from B2/H4 to H1B. Ask her prospective employer's attorney for opinion.

[JoeF]

Hi,

 

I am currently on H1b. I am planning to file a H1b VISA for my wife who is currently working in India.

YOU don't file an H1.

She would have to find an employer, and the employer would have to file an H1 for her.

[vatpk]

An employer is filing but my doubts are will there be any problem for her to come to US while H1B Visa is in process. WIll she be able to come here on H4.

[jairichi]

An employer is filing but my doubts are will there be any problem for her to come to US while H1B Visa is in process. WIll she be able to come here on H4.

It is better to come on H4 as it requires less documents to get a visa. And, it will not affect her H1B process.