H1/B2/F1 for a spouse who is waiting for India F2A to be Current!

[Kudla]

After applying I130 for spouse, can we bring them to US on H1 or B2 or F1 visa? She has a valid B1/B2 Visa with validity of another 6 years.

Please advise.

[newacct]

After applying I130 for spouse, can we bring them to US on H1 or B2 or F1 visa? She has a valid B1/B2 Visa with validity of another 6 years.

Please advise.

H1b - definitely yes. But H1b is something that requires the company to apply for way ahead of time (apply in April for a start time of October) and has a lottery with a low chance of getting in in any year so it is not something that you are not going to get soon unless you are already in the middle of the process.

B2 and F1 - only if they can convince the visa officer and/or immigration officer at entry that they do not intend to immigrate during this stay. It's going to be difficult to do with a pending or approved I-130 in F2A, which only has a wait of 1.5 years. B2 might be possible, because you only stay for 6 months. F1 is more problematic, as it will almost certainly allow them to stay long enough to file I-485.

[Kudla]

B1/B2 Visa and Travel for Vacation?

H1b - definitely yes. But H1b is something that requires the company to apply for way ahead of time (apply in April for a start time of October) and has a lottery with a low chance of getting in in any year so it is not something that you are not going to get soon unless you are already in the middle of the process.

B2 and F1 - only if they can convince the visa officer and/or immigration officer at entry that they do not intend to immigrate during this stay. It's going to be difficult to do with a pending or approved I-130 in F2A, which only has a wait of 1.5 years. B2 might be possible, because you only stay for 6 months. F1 is more problematic, as it will almost certainly allow them to stay long enough to file I-485.

If traveling for vacation on B1/B2 visa does she need a letter from her company?

She traveled once on business using this visa. Can she travel for vacation using the same B1/B2 visa?