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COS from B1-B2 to H4

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  • COS from B1-B2 to H4

    Hello guys, need some information. My wife and I are married in Dec 2018. I was on OPT (It is valid till Sept 2019) when we got married. She travelled to US on B1-B2 Visa in End of March and she got her validity till Sept 23, 2019. At the immigration, She mentioned that "I am visiting to visit my Husband and then she was asked "then why are you traveling on B1/B2 instead of F2, then she said "My husband OPT is valid till September and we want to spend time together". My H1 is approved and it starts from Oct 2019, Can I apply COS from B1/B2 to H4 in USA? (I think, There is a valid reason that my OPT is expiring soon, she had to travel on B1-B2 but now that my H1 is approved and we want to change her status to H4.) Will there be any problem? One more Question: As her Visiting Visa is expiring in Sept and my H1 is active from Oct 2019, can we apply for change of status before hand? (I mean before my H1 starts?) What is the procedure? Can you please explain the better way to handle this. TIA.

  • #2
    Yes, you can do COS (I539) from B1/B2 to H4 for her. I guess you can apply for COS starting 10 days before your H1 start date.

    But I would still suggest to visit home country, both of you get your own individual visas & then re-enter USA.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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