Change of ststus from B1/B2 to H$

[mayank36]

Hi,
My wife is on B1/B2 visa and I am on H1 visa. Can I file I539 change of status and convert her visa to H4. In this case does she have to return to India if her I-94 expires or she can do her H4 stamping anytime? Please let me know.
Any help will be appreciated.
Thanks a lot in advance.

[kabkaba]

Your wife can file I-539 to change her status to H4. If approved, she can stay until the end date of that approval. She will then need an H4 Visa whenever she leaves the US and wants to return in H4 status.
If she files the application before her current I-94 date, she can stay until the application is pending. If approved, she will get a new I-94 with a new date.
If denied, her illegal stay will be counted from current I-94 date. So if her current I-94 date is close it is advisable that she leave and return with an H4 Visa. If the current I-94 date is still 2-3 months away, filing I-539 is a good option.