Spouse of H1B holder eligible for B2?

[mihirsm]

Hello,

I am an H1b holder working inthe US. My wife is in India and is not eligible to apply for H4. This is because she has a 2 year Home Residency Requirement from her previoud J1 visa. People with 2year HRR cannot apply for H or L visas.

I was wondering, will she be eligible to apply for B2 visa? Someone told me spouse of H or L visa can only apply for respective dependent visa.

Gurus, any help will be highly appreciated.

Thanks.

 

[waitin_toolong]

she will not be eligible B1 either

 

[mihirsm]

Why?

Spouse of H1b can only apply for H4?

 

[waitin_toolong]

no because of HRR she needs to spend 2 years in home country before she can visit USA again. She cannot even file for GC unless she is granted a visa

 

[orangeandwhite]

she will not be eligible B1 either

This is false. The HRR bars receiving a H or L visa or LPR. You can still get, among other things, B, F and J visas.