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Immigration Issues/Conversion B1/B2 to H1 visa for wife

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Question
Hi
I am working in USA with H1b visa. My wife is working in Canada and has B1/B2. She is planning to come to USA on 1st April. Can she get B1/b2 converted to H1b provided she finds a job meanwhile (during her 6 month stay in USA)? Does she require to go to India to get H1 stamped? What happens to B1/B2 visa then once H1b visa is issued?

Or we should apply for H4 for her, how difficult is it to change H4 to H1b or F1?
Please suggest.
Thanks very much

Answer
Hi,

If the purpose of your wife's visit is to join you in the U.S. as your dependent, she should enter the U.S. only with an H4 visa stamp issued by a U.S. Consulate. She can apply at a U.S. Consulate in Canada for the H4 visa stamp as she appears to be legally residing (not simply visiting) in Canada.

If the primary purpose is simply to visit the U.S., she can enter on her current B1/B2 visa. It is generally recommended to avoid filing a change of status application to another visa category within 60 days of entry to the U.S. to avoid "fraudulent entry" complications in the future.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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