Extension filed but awaiting notice

[MEETVINCE]

Hi,

My current H1 visa is valid till 3rd of Sept 2014. I have applied for extension and it is being processed. Since this is going to take some time to get it approved and for me to get the documents, I was wondering if there is any option for me to get my wife to USA.

Is it possible for me to get her here on Tourist VISA and later on apply for dependant(h4) from USA? Can I apply for tourist visa for her based on my expired petition as I dont even have a receipt at this time.

thanks,
Vinay

[raghvi]

Hi,

My current H1 visa is valid till 3rd of Sept 2014. I have applied for extension and it is being processed. Since this is going to take some time to get it approved and for me to get the documents, I was wondering if there is any option for me to get my wife to USA.

Is it possible for me to get her here on Tourist VISA and later on apply for dependant(h4) from USA? Can I apply for tourist visa for her based on my expired petition as I dont even have a receipt at this time.

thanks,
Vinay

Technically possible, but she would most likely be denied a B2 visa unless she demonstrates real strong reason to return back to her home country. Why dont you upgrade the H1 extension to premium so that you get a decision within 15 Days, and then can send your spouse for H4 visa directly instead of trying B2 and then B2 to H4.

This is my opinion not legal advice.