FROM B2 TO H4 VISA APPLICATION

Summer2000

New Member
Hi,
My husband just got his H1B1 petition approved. He was on a TN visa and I was on TD (Canadian permanent resident). We have been living in US for past two years.Now while my I-539 was filed with him his employer made some mistake and my application was returned and his approved. We just found out yesterday that my TD is no longer valid. I have a valid B2 visa...can I re enter on that and apply for H4visa at the closest consulate? I have already filled out the ds160 for H4 and can show as evidence at the POE that I will leave for H4 visa in a month's time (that is the waiting time for appointment at the closest consulate). Will there be issues if I reenter on a valid B2visa? Please help! My son goes to school here...how can we leave everything and just go!
 

SusieQQQ

Well-Known Member
Do you already have the H4 appointment made? If so - you can try - I think it’ll depend on the CBP officer. If it’s clear that you’ll leave to get your H4 and not use your B to try change status within the US then they might let you in. However technically you will be using your B visa to live in the US, which is not a permitted use of a B visa, even though it’s short term, so if you get a real “letter of the law” type officer they may instruct you to wait outside the US until you get your H visa to enter. I understand the problem with your son in school etc, however unfortunately on a non-immigrant visa no stay is guaranteed.

By the way - how long was your TD invalid? (this would have been from when your husband changed status from TN to H1). I don’t know if this might cause a problem, I don’t know if there is any kind of grace period on a TD.
 

1AurCitizen

Registered Users (C)
Agree with above, entering on a B2 visa with intent.. which is clearly evident.. to change status is tantamount to fraudulent us of that visa. If the intent is to be on an H4 corresponding to a spouse's H1b, you must enter the US on an H4.. and not on a B2.
 

Summer2000

New Member
I will be going going with an appointment date at the consulate and a train ticket to show that i will be leaving for my H4 and not stay on B2 long term. We just found out yesterday that my TD is no longer valid.

Also how can it be fraud when I am clearly showing that I will leave. First time I entered US when my husband was on TN was on my B2 visa and I had to inform the officer tyat I will leave US and apply for a TD within the first 2 months. I was allowed in US.
 

1AurCitizen

Registered Users (C)
As long as you'd be exiting the US after entering on a B2, you're good. That also would apply to the son.
 

SusieQQQ

Well-Known Member
I will be going going with an appointment date at the consulate and a train ticket to show that i will be leaving for my H4 and not stay on B2 long term. We just found out yesterday that my TD is no longer valid.

Also how can it be fraud when I am clearly showing that I will leave. First time I entered US when my husband was on TN was on my B2 visa and I had to inform the officer tyat I will leave US and apply for a TD within the first 2 months. I was allowed in US.

You found out the TD was invalid yesterday, but since when was it invalid? This is not necessarily the same answer.

I’ve already explained the distinction a CBP officer might draw. The purpose of a B2 visa is “visiting”, which you clearly won’t be doing. You may get away with it with a clear intention to leave again, but it’s not guaranteed. Anyway if you’ve done it before and are happy with the process why do you have reason to ask again?
 

SusieQQQ

Well-Known Member
As long as you'd be exiting the US after entering on a B2, you're good. That also would apply to the son.

Um...actually no, I didn’t think about this. If the son is already on H4 unlike the mother, he’s fine. If the son is also on B2, it’s a problem. He is not allowed to attend school on a B visa, it’s a violation of status.
 

whitemimauz3

Registered Users (C)
If your I-539 is rejected for some reason & your TD is expired. Simply just step out of US, get H4 visa stamped & re-enter on H4. You cannot use your B2 to re-enter US considering the fact that your spouse is already in US on H1B, AND the sooner you leave the country the better it is.
 
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