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View Full Version : Can wife come on B2 instead of H4?


tusarkh
07-19-2009, 03:46 PM
I am in US on H1 and my wife also has her H1 stamped but still in India and can't travel soon as it might take some more time for her to get an opportunity.

However if she goes ahead and gets an H4, her H1 will get cancelled.

Is it a good idea for her to get B2 instead? I can be her sponsor.

cncd1
07-21-2009, 10:45 PM
She needs to enter on the proper category. She intend to reside in the US - not visit. Using B2 visa is illegal to do so,

theshiningsun
07-22-2009, 02:53 PM
cncd1 is right, she should come on H4.

H-1B stamp on her p/p may get cancelled but her H-1B petition remains valid. so better way for her is to come on H4 and then file for COS to H-1B when she gets a project.

kabkaba
07-23-2009, 08:32 AM
Only H1 visa may get canceled, the underlying petition can remain until revoked by the employer. She can change status to H1 after coming to US on H4 by proving that she has a legitimate job.