Convert B1/B2 to H4 while under H1B processing


New Member
Hi All,

I have applied for my H1B visa. However, I received a refusal letter 1 month back. When inquired, USCIS mentioned that I have to wait for another 120 business days (almost 6 months) to review it and make a decision.

Currently, I hold B1/B2 visa and my wife currently works in US under H1B status. Kindly let me know what happens if I travel to US on B1/B2 and then either convert to H4, if my H1B gets rejected, or convert to H1B, if the same gets approved.

- Is this possible by any chance?
- Do I need to travel back to India to obtain H4 or H1B?
- Is this totally legal to go in B1/B2 and convert to any other type?
- What happens to my B1/B2 visa when I get H4 or H1B?
- I have traveled to US before with the same B1/B2 visa. Will there be any issue if I travel now for a pleasure trip showing my wife's invitation letter?
- Can I reapply my H1B utilizing the same cap but with different petitioner? If yes, Is there any time limit to reapply?

Thank You.
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