B1 to H4

[swami]

Can a person who is in US on a B1/B2 visa on business visit for 3 months marry a H1B visa holder in US itself and apply for H4?

What are the procedures for applying for this status change legally?

[immihelp]

Yes, you can do that.

You have to file Form I-539. Look at /show-form/i-539

[swami]

B1/B2 to H4

Thank you, Immihelp for the quick reply.

It was mentioned that normally it takes about 90 days for the approval of the H4 to come through if filing for a change of status from B1/B2 to H4 from within US, if married while in US. So if the I-94 on the B1/B2 was stamped only for 3 months on entry, is it possible to maintain legal status without going out of US till the time the H4 approval is received?

Yes, you can do that.

You have to file Form I-539. Look at /show-form/i-539

[immihelp]

As long as you file the extension any time before I-94 expires, you will be in legal status.