My H1b Renewal in process, spouse cannot apply for H4, traveling on B1 visa!


sjayav2

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Hello,

 

I have changed my job role within the same company and they applied for a new H1b extensions for 3 yrs (since the job description has changed). My approval is pending since July 2015. I have a valid visa till July 2016. I travelled to India for my engagement in Sept and returned to the US with the valid visa. I am traveling again to India end of October for my marriage. If the petition doesn't get approved  I would not be in a situation to apply a dependent visa for my fiancee. 

 

My fiancee has a valid B1 visa in her passport. Is it possible for her to travel to the US using her B1 and once entered in the US apply for a H4? I also heard I-4539 paperwork can be filed while my H1b petition is pending. She also has plans to attend a conference in the US as part of the purpose of her visit. 

 

If this is possible, does she need to travel outside the US and renter through H4 visa? That would be getting the visa stamped in the US consulate in India or Canada. 

 

Please advice.

 

Thanks

 

 

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