B2 Visa holder with H1B approval

[tamilpayyan]

Guys,

I am a green card holder since 2004, and knowing the limitations I got married (to a girl outside the US) in June 2005. Soon after our wedding, my wife applied for admissions in colleges in US and she was accepted from more than 1 school. But she was rejected a student visa in July 2005, and had to stay back in India. We just lived seperately till March 2006, and then she applied for a B2 (visitor) visa and was rejected on the basis of potential immigrant. Although the sponsor was her uncle who lives in the US, and we did not mention that the spouse is a green card holder, she still did not get through. In the mean time, I apporached an employer in the US and applied for her H1B visa petition in May 06. While the H1B petition was in the process and the wait time to schedule an Interview at Consulates in India was growing faster, we decided to take an appointment for Jan 2007 to try her luck with the visitor visa (B2) again..... In the mean time her H1B visa was approved but we still decided to try the B2 visa first since we had already taken an appointment.

To our surprise, she got a B2 visa in Jan 2007, for a peried of 6 months - Single entry. While I am planning to bring her to the US in the next couple of weeks, I was going through some interesting cases in this forum regarding change of status while in the US and wanted to clarify a few things:

1. Is it possible to apply for a change of status from B2 to H1B while she is in the US (may be after 3 months of her stay)

2. If we decide to go that route, will it have any negative implications when I apply for my citizenship

3. Her H1B was approved as of Sept 2006, and since we are past Oct 06, she can technicaly use the H1 to work here, Is that statement true ?

4. Another option we thought was to, enter the US on B2 visa, stay here for 3 months and then go back to India. After 6 months, apply for B2 visa again and try our luck the next time - Do you think this is safe ?

I would really appreciate if you guys can share your thoughts around my concerns/questions.

 

[Triple Citizen]

I would be more concerned about the perjury she committed in her initial B-2 visa application. She lied on her DS-156, which is not a good move. DS-156s are now scanned and kept in a database. There is a possibility that when she applies for a GC, her wedding date will clash with the information she put down on her DS-156.

 

[tamilpayyan]

Hello Ghori,

Thanks for your timely response. Please see my answers below:

1. She lied on her DS-156, which is not a good move ?

We did not lie at all. She had mentioned in her DS 156 that she is married and also put in my name in spouse section. The sponsor was her uncle who ives in the US. Interestingly, during her Interview, the VO did not ask anything about her spouse/family.


2. DS-156s are now scanned and kept in a database ?

Thats news to me... But its good to learn this so that we could be prepared.

3. There is a possibility that when she applies for a GC, her wedding date will clash with the information she put down on her DS-156?

I dont think they capture wedding dates in DS 156. They just ask you if you are married or not, If yes, then they ask for the spouse name.


Hope this helps in explaining my situation better. Appreciate your response. If you have any inputs for me please let me know.

Thanks.

 

[Triple Citizen]

I am confused. In the first post you said this:-

we did not mention that the spouse is a green card holder

In your second post you said this:-

She had mentioned in her DS 156 that she is married and also put in my name in spouse section.

Which one is it?