Immigration Issues/B1/B2 visa

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Question
Hi,
First of all thank you in advance for taking up my question. My wife is in USA on a valid H1B visa. I have a valid B1/B2 Visa,applied during my current job and visited US once. Now I plan to pay a visit to US to meet my wife. I believe I can stay there for 6 months on my current B1/B2 visa. Is it true?. If I reach US,will I be automatically eligible for H4. Or Do i need to come back to India for H4 stamping. Please advise.

Answer
Susmin,
The stay period for B visa can vary from 3 months to 6 months.  You can change to H-4 in the US and you do not need a visa stamp to stay in the US on H-4 status. However, I would not file for the change of status immediately as the USCIS may presume that you entered the US with a fraudulent intent.

I would suggest unless it important for you to be in the US for business immediately that you enter on H-4 visa.


Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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