B2 to H4 questions

[visaquestions2018 10]

Asking for a friend -

 

He recently got married in India and then travelled with his spouse back stateside on H1 for him and B2 (tourist) visa for her. They didn't seem to give her a hard time at POE (they went to the same officer together at the airport if it matters).

 

They want to now convert her to an H4. What are some of the issues they need to worry about here? Should she go back and then apply for H4 or file I-539? Will it be an issue that she came over on a tourist visa first (after getting married)? 

 

Is it as simple as wait 90 days then file I-539?

 

 

[Boiler 43,426]

90 days?

 

Being landlocked strikes me as the biggest issue.

[visaquestions2018 10]

90 day of preconceived intent - USCIS could say she misrepresented herself if she does COS before 90 days of entry. After 90 days there isn't a preconceived intent per law.

 

https://www.murthy.com/2017/09/21/306090-day-policy-revised-on-misrepresentation-and-preconceived-intent/

 

Not sure what you mean by being landlocked?

[Dashinka 23,234]

Personally, I would have the husband get with the company sponsoring his H1 to get his wife’s H4.  They should be taking care of their employees.

 

Good Luck to your friend!

[Dashinka 23,234]

4 minutes ago, visaquestions2018 said:

90 day of preconceived intent - USCIS could say she misrepresented herself if she does COS before 90 days of entry. After 90 days there isn't a preconceived intent per law.

 

https://www.murthy.com/2017/09/21/306090-day-policy-revised-on-misrepresentation-and-preconceived-intent/

 

Not sure what you mean by being landlocked?

I believe that means she will not be able to leave the US while the COS is being processed without dealing with other immigration headaches.

Edited December 31, 2018 by Bill & Katya

[visaquestions2018 10]

Processing shouldn't take more than 4-6 months right? What's the current processing time?

[Boiler 43,426]

7 minutes ago, visaquestions2018 said:

90 day of preconceived intent - USCIS could say she misrepresented herself if she does COS before 90 days of entry. After 90 days there isn't a preconceived intent per law.

 

https://www.murthy.com/2017/09/21/306090-day-policy-revised-on-misrepresentation-and-preconceived-intent/

 

Not sure what you mean by being landlocked?

That is a DoS issue, says so in the first sentence.

 

Landlocked means having no visa, only status.

[SusieQQQ 11,584]

1 minute ago, visaquestions2018 said:

Processing shouldn't take more than 4-6 months right? What's the current processing time?

After the 90 days? Sure. She’s clearly not going anywhere else in a hurry. That’s 9 months in the us before she knows what her status will be.

[geowrian 22,335]

The 90 days is a DOS issue, not USCIS (DHS) one. Even then, not an issue here.

 

Landlocked presumably means not being able to leave and re-enter without getting a visa still.

Edited January 1, 2019 by geowrian

[visaquestions2018 10]

But in terms of switching status - is it preferable to go back or do a COS stateside? Would the B2 visit be questioned more on one side more than the other?

[Boiler 43,426]

A choice issue only they can make.