H4 to B1 and later to H1

[cjk]

Hi Gurus,

 

My wife is holding a H4 visa and she is currently working in India.  Her company is planning to do "B-1 in Lieu of H1B" visa and regarding that I have following queries:

1. If she gets B1 visa approved or rejected, will her H4 visa still be valid?

2. If B1 is approved, can she stay in US with H4 visa after B1 visa expires(after 6months). Is there any need to go back to India after B1 visa expires for H4 stamping again?

3. I am also planning to file H1 for her during April 2015.  Will it be a problem if she gets B1 extended during the H1 application process.

 

Overall, I am not confident to send her for Visa stamping in India to avoid rejections which will block her to come to US with existing H4 visa.

 

Thanks.

[jairichi]

1. US consulate might cancel her H4 visa when she goes for stamping.

2. She has to apply for COS while in US.

3. Kind of rare to get B1 extended. She needs a strong case with supporting documents.

[jairichi]

B-1 in Lieu of H1B" visa

 

Be very careful about B1 visa. She cannot enter US to work. She can attend business meetings and not actual work.

[itsmeusa]

1. Maynot be. US consulate could stamp on H4 - Cancelled without Prejudice".

2. Yes, she can provided her stay is extended with timely filing of a request. In most cases, USCIS rejects such requests - reason being that B1 is then used as almost H1b. You probably remember big Indian consultancies getting caught in this mess. No better avoid this.

3. No problem. 

 

You didnt ask this, but the simplest strategy would be to get her B1 in lieu of H1b, let her come here in US. Instead of asking extension of B1 which is mostly rejected, file COS from B1 to H4 and also apply her H1b when quota opens.