Immigration Issues/B1/B2 to H4


Hello Sir,

I came to US in Feb, 2015 on B2 visa. My I-94 was valid till 8th Aug, 2015. My husband was in F1 visa therefore, I applied for change of visa from B2 to F2 in June and the result is still pending.
My husband's H1b got approved at the end of July and it will start from 1st Oct. My question is -
1. Should I apply for change of status from B1/B2 to H4 now or should I wait for the result of my previous change of status application?
2. If I choose to apply for H4 now and incase it gets approved before 1st October, then will I be out of status from the date of approval to 1st Oct. In that case what should I do.
3. If I choose to wait and the result of my change of status to F2 gets rejected/disapproved, then can I apply for H4 being in US only or do I have to leave the country?

Thanks and Regards


1. As a noncitizen cannot have more than one status at the time, it is not advisable to file now another application to change status from B1/B2 to H4.

2. Due to my answer to question 1, I don't answer to your question 2.

3. If your application to change status from B1/B2 to F1 is denied, you will be out of status. You must leave the United States and apply for H4 visa in your country. However, if you want, you can choose to apply for a change of status from B2 to H4 and explain in your application that compelling unforeseen circumstances beyond your control prevented you from filing on time. You include any documents to support your application.

You should consult an attorney if you choose the second option.

Thank you for your attention. Best regards.

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Hung Viet Can


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