Travel on B2 visa while waiting for L1B indvidual visa tamping

Dear All,

My wife is currently working in India. She has B1/B2 visa which was stamped 2 years before and her L1B individual petition was approved couple of months back. I am working in USA on H1B. Due to consulate shutdown and recent order from US president she neither go for L1B visa stamping nor I can apply for H4 visa till end of this year. Meanwhile, Can she take a break(Long leave) from work for 5 months and travel on B2 visa to stay with me?

Does her travel on B2 will impact when she goes for L1B visa stamping once consulate opens? if yes, Is there anyway to mitigate the risk?

Thanks in advance.

Yes. She can travel On valid B2 visa and stay with you. But she should not use L1 visa nor work there.

1 Like

Hi Sudeep,

Thanks for your response.
I am more concerned whether her L1B stamping will impact after been vacation for 5 months in B2.

No .it should not. Stay within rules

1 Like

I definitely respect the intention behind this. but at port of entry there may be issues but later in future there may be issues… Better to consult Legal attorney. May be Murthy or some one

If the B2 stamping is already done, then it maybe possible to travel. The key thing is at Port of entry, she should explain the situation and have proper documentation to depart after visiting you.

She should NOT try to do COS to H4, after she enters US…that will question the intent of user and it will be a problem in future…

They always look at the intent of the entry and then want to make sure, you respect the intent. As a tourist visa, you can visit family and go back…

All of the above advice is only because she has stamping…She has to be very clear on her plan and intentions when she goes through port of entry process that she is ONLY Visiting and going back soon.