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I'm on H1 visa with I-140 approved, my wife is in India with tourist visa and now she wanna come to usa on h4

Atlanta, GA |

1) What is the process and what documents are required

2) will there be a problem for the us embassy to change from b1/b2 to h4

3) can my wife can go on vacation back to india on h4?

Attorney Answers 4


  1. Repeat question ... see my other response.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. This is a more complicated answer than a few sentences. Also a good answer will require more information from your end, so schedule a consultation with an experienced attorney.

    Immigration Attorney Jeff Khurgel* Assists Clients in all 50 States -- Call or email for a Consultation -- www.khurgel.com -- Contact information below. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: info@khurgel.com / *Attorney Khurgel is a former USCIS and Department of State Embassy Officer.


  3. She contacts the consulate; schedule an appointment; gets visa and comes.

    that depends on the strength of your H1B

    Yes she would be able to.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. Ideally contact your employer to help out with the process. If it is not covered, your wife will independently apply for H-4 at the Consulate. For documents, check out the Consulate's website. The visa is not "changed." She will be granted H-4 in addition to her B1/2 or they may cancel it. It is up to the Consulate's discretion. Yes, she can travel and re-enter on H-4.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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