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H4 vs B2 for Spouse? Effect on H1B transferable status if travelling on H4 or B2?

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  • H4 vs B2 for Spouse? Effect on H1B transferable status if travelling on H4 or B2?

    Greetings,
    I am working in the US and my status will change from F1 OPT to H1B starting 1/1/2017. My husband was working in the US on his H1b and recently left his job and went back to India. He is planning to work in India for next few years. I have following questions:

    1. If he wants to visit me temporarily in the US, what is the right visa for him?
    2. In case he visits me on H4 or B2, does his H1B remain transferable or cap exempt (he has worked only for 1.5 years on H1B)?
    3. As I understand he has two options to visit me, apply for H4 or B2. Is there any reason to prefer one visa type over other?

    Thanks for the help!

  • #2
    Originally posted by Anamika Dubey View Post
    Greetings,
    I am working in the US and my status will change from F1 OPT to H1B starting 1/1/2017. My husband was working in the US on his H1b and recently left his job and went back to India. He is planning to work in India for next few years. I have following questions:

    1. If he wants to visit me temporarily in the US, what is the right visa for him?
    2. In case he visits me on H4 or B2, does his H1B remain transferable or cap exempt (he has worked only for 1.5 years on H1B)?
    3. As I understand he has two options to visit me, apply for H4 or B2. Is there any reason to prefer one visa type over other?

    Thanks for the help!
    1. H4 would be the right visa.
    2. Yes, he would be cap exempt.
    3. H4. B2 will most likely not allow a COS to H1.

    This is my opinion not legal advice

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