H1 Stamping - Need Suggestion

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Hi,

Thanks for reading this post. Experts, I need your advice on my issue mentioned below.

I am currently on H1 status and my H1 visa has expired recently. My wife has h4 stamping till 2011. We are planning to visit India during March. I do not see any problems with the stamping as I have been in legal status all the time. However, if my case is put under admin processing, we have couple of things to settle here.

If such a scenario occurs,
1. I understand that inspite of having H4 visa, my wife cannot enter US as I am the primary applicant (H1 holder) and my H1B would be still under processing and I will be in India. Is this correct ?

2. My wife does not have B2 visa right now. Can she apply for B2 visa depending on my H1B visa stamping and then stay in US until her B2 visa's I-94/B2 visa expires? In the meantime, if my H1 visa gets approved, I can return back to US.

3. If she can apply for B2 visa and if her B2 visa gets approved, will her existing H4 visa gets cancelled ?

4. If she can enter on B2 visa, I think she might have to leave US and enter on H4 provided I am in US.

5. If the sponsor of B2 visa is in a different state and my wife is located in another state in US, is it acceptable ?

Thanks in advance
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[squid]

Please advice us

Thanks
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[kalyanverma]

Answers in Bold

1. I understand that inspite of having H4 visa, my wife cannot enter US as I am the primary applicant (H1 holder) and my H1B would be still under processing and I will be in India. Is this correct ?
Correct

2. My wife does not have B2 visa right now. Can she apply for B2 visa depending on my H1B visa stamping and then stay in US until her B2 visa's I-94/B2 visa expires? In the meantime, if my H1 visa gets approved, I can return back to US.
She can, provided she has a Sponsor or/and can show a strong reason that the trip is purely for leisure or tourism.

3. If she can apply for B2 visa and if her B2 visa gets approved, will her existing H4 visa gets cancelled ?
Yes, the H4 visa is void once she gets a B2 visa.

4. If she can enter on B2 visa, I think she might have to leave US and enter on H4 provided I am in US.
If she manages to enter the US on B2 and later you come here on your H1, you can apply for a change of status from B2 to H4.

5. If the sponsor of B2 visa is in a different state and my wife is located in another state in US, is it acceptable ?
Yes

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Thanks!

Thanks for the quick response to my query. I really appreciate your reply.

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