Spouse on B1 while my H1 has been filled

[Shubhankar Sharma]

Hi,

I would really appreciate if you can help me answer the following questions: (Apologize if these have been asked earlier)

Situation:
I completed my masters from the US Aug-2012 and got a job. My current employer has applied for H1 and the same is under processing with USCIS. My wife did not join me during my studies and has been working in India for the last 1.5 years. She did visit me Aug 2012 on B1 visa for my convocation.

We are now planning that she would join me permanently in US.

Based on the above premise, following are my questions:

1. Can she join me on B1 and later change file for COS B1-H4 ? If so, are there any risks involved when she is at POE in US when the border agent asks her the following questions: Is your husband planning to stay in the US ?

2. In case, we wait for the H1 to be approved, eg: prior to Oct,2013 can she apply for H4 in India based off my approved I797(but not yet started H1 term) ?

Regards,
Shubhankar

[peace999]

If she enters on B2 she must have an intent to return. Irrespective of what your ( husband's) intentions are .
She must carry a confirmed return ticket, and when they ask her purpose and duration , she CANNOT say she intends to change status to H-4
and stay permanently with her husband.

Since her plan is to stay in US permanently, it is better she gets an H-4 stamp from the embassy than a B2 to H4 change in the US.
The reason is ; if she has to travel outside US , she won't be able to re-enter on a changed status.
Also, H-4 is contingent upon you having a changed status to an H-1b. Not just an approved petition.
By the above reasoning , your getting an H-1 stamp will work better for you than a change of status.
The only downside for H-1 and H-4 stamps at consulates abroad is possible delays due to 221g.