Travel to US on B1 B2 and Not on H4 - Not getting appointment for Stamping

Dear Shankar Sir,

Request you to clarify my question.

My wife is Indian national and has a valid B1/B2 visa stamping on the passport valid till 2025. She is in India now(Left USA on Nov 14th 2019) and she has approved H4 approval copy(I797) as well. Since we do not have the earliest appointment available with US Embassy in India to get H4 stamping, She would like to come to USA on B1/B2 visa and planning to go back to India in 3 months. I would like to know if there would be any legal issues on travelling on B1/B2 visa since she was living in the US on H4 earlier and re-entering with B1/B2.

Note : She was living in USA on H4 visa since Jan 2016 to 14-Nov-2019 and she recently left the US.?

@murali2811, Well, this is a tricky situation. While you may be able to use the B1 / B2, but that is not the intent. She is your spouse and would be staying with you as dependent. If you do not get appointment in once city, try another city. I would not recommend traveling on B1 / B2, if you really plan to come back on H4 again soon later…at port of entry, you need to have valid reason for the same…just telling that I did not get visa appointment slot would be good enough… B1 / B2 is a Non-immigrant visa, but H4 is a dual intent visa, so you should not use it for other purposes…