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Immigration Issues/B1/B2 to H4 while in US

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Question
Hello,

I recently got H1B visa and traveling United States for the very first time. My wife already have B1/B2 visa and had travel to United States once before marriage. Her B1/B2 is still valid.

My question is that, I have to give immediate joining to my US employer and I want to travel with my wife. So, Can she travel with her valid B1/B2 visa and after enterind in United States, She apply for change of status from B1/B2 to H4?

Answer
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Doing what you state could complicate issues. She may be considered to have entered the US on false grounds, since her intent was to change her visa to H-4 after arrival and not for B1/B2 purposes.
Though, it is possible to change from B to H-4 and many may have done it, I wanted you to be aware of this issue.

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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