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B2 to H4 on special situation

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  • B2 to H4 on special situation

    Hi,

    Here's the situation: Me and my wife were legally married here by the court in the state of Illinois in September 2010 when she visited me with B-2 Visa. In October 2010 she went back home to Indonesia, and for some reason, she didn't come back to USA until Dec 2011, again with B-2 Visa. Right now I'm preparing I-539 for her change of status from B2 to H4. Her I-94 will expire on June 27, 2012.
    Would there be a problem with this?

    Please advise what is the best approach to convert her B-2 visa to H-4? Would applying H4 in Canada be a better solution?

    Thank you, I really appreciate your help.

  • #2
    Since there is still plenty of time before her I-94 expires, she can file I-539 to change status, however if it is denied or if there is no decision by I-94 expiry, she should leave the US, obtain H4 Visa and return.
    This is my opinion and not legal advice.

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