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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?

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Attorney answers 4


Repeat question ... see my other response.

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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.

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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; email:; 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.


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.



Will they go thru the records of her B1/B2 visa at the Consulate and ask any question on her B1/B2 visa?