Help on Transfer of Visa from B1 to H4

[Rajendran Sridhar]

Hi,
I hold a valid H1B visa until Jun 2017. I am planning to get married in the month of march in India. My Fiance has a B1 visa valid for the next 3 years, i would like to know if she can travel to the US with me after our marriage in India using her B1 visa then change her visa status to H4 in the US.
Does she need to travel out of the US to get the H4 stamping?
Am i doing anything illegal in this regard.

Please let me know your thoughts.

[Nattybone]

Hello, Rajendran.

A couple of challenges here:
i) She needs to have a business reason to travel to USA on a B1. I am hoping this is a B1/B2 visa else she will need to show a solid business reason for her travel - like a seminar, conference etc.

ii) Supposing your wife has a B1/B2, then switching status to a H4 is not looked at nicely by the visa officers. E.g.: At the Port of Entry (POE) they will ask her the purpose of her visit. She will say she is travelling on US on holiday. Later on when she files a COS (Change of Status), the USCIS does not like it too much as it comes across as a pre-meditated move and differs from the travel purpose mentioned at the POE. Approvals do take place this way, often people switch from B1 to H1 while being in the US. Or B2 to F1 etc.

If you do a COS for your wife from B2 to H4 and it gets approved, then as long as you are in the US you need not worry about stamping. It is when you exit that you need the right stamp to enter US next time.

This is not an illegal practice but they (the USCIS) do not like it. When they ask you for your purpose of visit then you will mention holiday, if you say intention to switch to H4, they will quite possibly refuse entry to US.

Best way is H4 stamping from the beginning and being peaceful later on.

Personal opinion.

Hope this helps.

Cheers,

Hi,
I hold a valid H1B visa until Jun 2017. I am planning to get married in the month of march in India. My Fiance has a B1 visa valid for the next 3 years, i would like to know if she can travel to the US with me after our marriage in India using her B1 visa then change her visa status to H4 in the US.
Does she need to travel out of the US to get the H4 stamping?
Am i doing anything illegal in this regard.

Please let me know your thoughts.