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?
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
@kr.prems,
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.