H4 is approved, H1 is pending. Want to apply for B2 (visitor visa)

[onesegi]

Hi,

Need a help regarding my matter. I got my spouse's H4 extension approval last month but my H1B extension is still pending and I don't think it will be approved in next couple of weeks. My spouse needs to travel soon because of my health issue. I asked my employer to change the status to premium for my H1B extension but the request is denied saying that since H4 is approved, you should get H1 approval in some time.

I just want to know what if I apply for B2 (visitor visa) for my spouse and make her travel as a visitor. Will that be an issue? Is there any chance of rejection of B2 since H4 is approved?

please help.

[inadmissible]

While B visas require the applicant to overcome the presumption of immigrant intent, H visas do not

She may or may not get a B visa, but she has to apply to get one. The fact that she has a H visa does not prejudice her application. At the end of the day, getting a B visa is all about demonstrating strong ties to her home abroad

[scientist2016]

The question is not clear. If your spouse has got her H4 extension, and she is the one that needs to travel, then why not travel on H4? What has your H1 extension got to do with that?

[onesegi]

The question is not clear. If your spouse has got her H4 extension, and she is the one that needs to travel, then why not travel on H4? What has your H1 extension got to do with that?

Thanks for your response. My situation is she got her H4 extension approved but to get her visa stamped, she needs my approved H1-B petition and it's getting delayed. My office is asking for my approved I797 (H1-B) to get her visa stamped. I don't see my H1B extension approval coming in near future because of delayed processing time. So I was thinking of applying a B2 visa for her. If that case is valid, I can get her B2 visa stamped in some 15 days.

[onesegi]

Can anyone please help me here?

I filed H1 and H4 extension in Aug 2017. H4 extension is already approved and mailed to me in November 2017 but awaiting H1B extension since then. I have not heard anything on H1B approval. Can this be a mistake from USCIS that I need to contact them? There is no status update for H1 or H4 on USCIS website.

I was assuming that once H4 is approved, it means H1 is also approved just that it takes some time since it comes through attorney but it has been more than 2 months and I am yet to get the approval on H1.