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Hi friends,
Need your comments/inputs on the visa situation I find myself in.
I am on H1-B visa and been in the US for the last 4 years.
My wife was also employed in the US, and was on L1-B so far. She had to leave the country after 5 years due to visa max-out.
She also has B1/B2 visa, issued by the employer few years ago, which can be used as visitor visa as well. It's valid till 2018.
Currently, my visa is undergoing renewal. Since it would take at least couple of months for my visa renewal (assuming it's done in premium and I am pushing for it) and another couple of months to initiate H4 for my wife, I was wondering if the following approach is feasible instead of waiting for H4.
Can my wife use her B1/B2 (visitor visa) to travel to the US now?
My idea is while she stays here, I will get my H1-B approved petition (if everything goes fine) and then I can file for conversion using I-539. With this, she can come early, continue to stay here and doesn't have to leave the country for stamping.
Having said these, I have these concerns.
1. Is it risky to immediately come back to the US on B1/B2 (Visitor visa) after having spent 5 years in the US on L1-B?
2. When I am in H1-B here, will it be risky for my wife to say (at the port of entry immigration interview) her husband's in the US on H1-B but she's visiting him on B1/B2? Will this cause any issues at the Port-of-Entry interview?
3. Given our situation, what would be the ideal thing to do?
4. Also, what are the docs that need to be showed at the Port of Entry if she comes in B1/B2 visitor visa?
Thanks a lot in advance!
Need your comments/inputs on the visa situation I find myself in.
I am on H1-B visa and been in the US for the last 4 years.
My wife was also employed in the US, and was on L1-B so far. She had to leave the country after 5 years due to visa max-out.
She also has B1/B2 visa, issued by the employer few years ago, which can be used as visitor visa as well. It's valid till 2018.
Currently, my visa is undergoing renewal. Since it would take at least couple of months for my visa renewal (assuming it's done in premium and I am pushing for it) and another couple of months to initiate H4 for my wife, I was wondering if the following approach is feasible instead of waiting for H4.
Can my wife use her B1/B2 (visitor visa) to travel to the US now?
My idea is while she stays here, I will get my H1-B approved petition (if everything goes fine) and then I can file for conversion using I-539. With this, she can come early, continue to stay here and doesn't have to leave the country for stamping.
Having said these, I have these concerns.
1. Is it risky to immediately come back to the US on B1/B2 (Visitor visa) after having spent 5 years in the US on L1-B?
2. When I am in H1-B here, will it be risky for my wife to say (at the port of entry immigration interview) her husband's in the US on H1-B but she's visiting him on B1/B2? Will this cause any issues at the Port-of-Entry interview?
3. Given our situation, what would be the ideal thing to do?
4. Also, what are the docs that need to be showed at the Port of Entry if she comes in B1/B2 visitor visa?
Thanks a lot in advance!
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