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Immigration Issues/Conversion from B2 to H4 in USA

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Question
I am currently in US on B2 visa and my stay expires in November 2013. My husband got his H1 approved and planning to change my status from B2 to H4. Is it okay to apply for visa conversion here in US itself, or need to go back to my home country and get it done there? Which one of those approaches is recommended? If I apply for a visa change while I am in US on B2 visa, is that going to be a problem for me during stamping?

Please suggest..

Thank You!

Answer
Hi,

It is OK to change your status from B2 to H4 within the U.S., if you entered the U.S. at least 60 days prior to the filing of the change of status application. Incidentally, you can remain legally in the U.S. as long as the application to change status to H4 is filed prior to expiration of your B2 status in November. There is no requirement that the application must be approved prior to November, 2013.

There should be no problem with visa stamping in the future if the above recommendation of filing the change of status application no earlier than 60 days prior to entry to the U.S. is followed.

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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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