Legal Question in Immigration Law in Arizona

Hi, I'm working in the US on H1 B visa that is expiring on 08/01/2013. I have filed an extension and currently waiting on a response from USCIS on my case. My husband holds a H4 visa that is also expiring on the same date.

My husband is a marine engineer and usually works outside of US (sea contracts). He went to work outside of US before I filed my H1 extension. Because he was not physically present in the US, my employer advised me that H4 extension cannot be filed for him at that time.

My husband wants to return to US at the end of August 2013 (after his H4 visa expiration date). He also holds a valid B1/B2 visa that is valid for 10 years. If he enters the US on B1/B2 visa, can I then file a change of status for him from B1/B2 to H4?

I'm asking this question assuming that my H1 B extension will get approved by USCIS; if it does not get approved, I know this is not a feasible option as even I would need to leave US.

Asked on 7/05/13, 3:31 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Your husband should not enter the U.S. on a B-2. Once your H-1B extension is approved, he can obtain his new H-4 visa at the U.S. Consulate.

I suggest that you discuss "premium processing" with your employer &/or the attorney who filed your H-1B visa extension.

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Answered on 7/06/13, 12:34 pm

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