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H4 to B2 (Tourist Visa) while staying in USA

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  • H4 to B2 (Tourist Visa) while staying in USA

    Hi,
    My wife is on H4 and expiring 01/09/2013. My H1-b is also expiring 01/19/2013 (10 days after her). Can i file change of status for her from H4 to B2 (Tourist visa) and later on for myself (h1-b to b2) to give us some time to wrap up pending stuff in USA. In-case my labor (in Process currently) and I-140 gets approved before 01/09/2013, i think i would be safe to file for H1-b extn even after consuming 6 yrs on H1-b.

    What should be recommended stay that should be requested from USCIS for my spouse. 30/60/90 days.

  • #2
    This is not an option we recommend. In fact, there might be a denial on this and you will accrue unlawful presence. I will recommend you look into other visas such as student visa, etc. If you want us to assess and see if there might be other options available to you, call us at 510 742 5887
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

    Comment


    • #3
      Thanks for the response. If i choose to go for Student Visa, will USCIS not look that this person wants to stay in USA for longer term even though her spouse h1b is expiring soon? I would appreciate your response.

      Comment


      • #4
        Originally posted by pankaj View Post
        Thanks for the response. If i choose to go for Student Visa, will USCIS not look that this person wants to stay in USA for longer term even though her spouse h1b is expiring soon? I would appreciate your response.
        Not really, however, it might be a factor in determining your case. Eventually you do not have many choices.
        Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

        For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
        Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
        Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

        Comment


        • #5
          Originally posted by pankaj View Post
          Hi,
          My wife is on H4 and expiring 01/09/2013. My H1-b is also expiring 01/19/2013 (10 days after her). Can i file change of status for her from H4 to B2 (Tourist visa) and later on for myself (h1-b to b2) to give us some time to wrap up pending stuff in USA. In-case my labor (in Process currently) and I-140 gets approved before 01/09/2013, i think i would be safe to file for H1-b extn even after consuming 6 yrs on H1-b.

          What should be recommended stay that should be requested from USCIS for my spouse. 30/60/90 days.
          Our Video Response
          Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

          For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
          Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
          Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

          Comment

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