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B2 to H4 questions

By visaquestions2018 in Work Visas

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visaquestions2018 Apprentice

visaquestions2018   10

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Asking for a friend -

 

He recently got married in India and then travelled with his spouse back stateside on H1 for him and B2 (tourist) visa for her. They didn't seem to give her a hard time at POE (they went to the same officer together at the airport if it matters).

 

They want to now convert her to an H4. What are some of the issues they need to worry about here? Should she go back and then apply for H4 or file I-539? Will it be an issue that she came over on a tourist visa first (after getting married)? 

 

Is it as simple as wait 90 days then file I-539?

 

 

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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90 days?

 

Being landlocked strikes me as the biggest issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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visaquestions2018 Apprentice

visaquestions2018   10

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90 day of preconceived intent - USCIS could say she misrepresented herself if she does COS before 90 days of entry. After 90 days there isn't a preconceived intent per law.

 

https://www.murthy.com/2017/09/21/306090-day-policy-revised-on-misrepresentation-and-preconceived-intent/

 

Not sure what you mean by being landlocked?

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Dashinka Grand Master

Dashinka   24,493

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Filed: Citizen (apr) Country: Russia
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Personally, I would have the husband get with the company sponsoring his H1 to get his wife’s H4.  They should be taking care of their employees.

 

Good Luck to your friend!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Dashinka Grand Master

Dashinka   24,493

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Filed: Citizen (apr) Country: Russia
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4 minutes ago, visaquestions2018 said:

90 day of preconceived intent - USCIS could say she misrepresented herself if she does COS before 90 days of entry. After 90 days there isn't a preconceived intent per law.

 

https://www.murthy.com/2017/09/21/306090-day-policy-revised-on-misrepresentation-and-preconceived-intent/

 

Not sure what you mean by being landlocked?

I believe that means she will not be able to leave the US while the COS is being processed without dealing with other immigration headaches.

Edited by Bill & Katya

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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7 minutes ago, visaquestions2018 said:

90 day of preconceived intent - USCIS could say she misrepresented herself if she does COS before 90 days of entry. After 90 days there isn't a preconceived intent per law.

 

https://www.murthy.com/2017/09/21/306090-day-policy-revised-on-misrepresentation-and-preconceived-intent/

 

Not sure what you mean by being landlocked?

That is a DoS issue, says so in the first sentence.

 

Landlocked means having no visa, only status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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1 minute ago, visaquestions2018 said:

Processing shouldn't take more than 4-6 months right? What's the current processing time?

After the 90 days? Sure. She’s clearly not going anywhere else in a hurry. That’s 9 months in the us before she knows what her status will be.

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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The 90 days is a DOS issue, not USCIS (DHS) one. Even then, not an issue here.

 

Landlocked presumably means not being able to leave and re-enter without getting a visa still.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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A choice issue only they can make.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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