first time H4 visa, please help

[vb8188 1]

Hi all, 
I am on H1-B visa and I was laid off on 29th March 2019, Also I recently got married on 23rd Feb 2019 and I was thinking maybe while I am technically still in staus, (60 days grace period), I was thinking to have my wife's H4 visa processed before my 60 days run out.  if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Vaibhav

[Roel 7,192]

And... what then? I doubt that would work but what's the end plan? You and your wife living in the US illegally without any status? Am I understanding this right? 

[vb8188 1]

Umm why would she be out of status ? 

And my end goal is for her to convert her h4 visa to maybe a visitor b1/2 visa if it’s needed at all. 

 

All I am requesting to ask if what I asked originally in the question is possible or not ? Thanks

[Roel 7,192]

3 minutes ago, vb8188 said:

Umm why would she be out of status ? 

And my end goal is for her to convert her h4 visa to maybe a visitor b1/2 visa if it’s needed at all. 

 

All I am requesting to ask if what I asked originally in the question is possible or not ? Thanks

As far as I understand H4 is issued as an accompany visa for H1B visa.  You said you were fired so I guess your visa will be invalid soon? Then your wife's visa will be invalid? It cannot be converted to the B2 Visa. 

 

If you plan on only being in the US as a tourist you both should just apply for b2 visas.  

 

@geowrian ? 

[Mr. Data 26]

2 hours ago, vb8188 said:

Hi all, 
I am on H1-B visa and I was laid off on 29th March 2019, Also I recently got married on 23rd Feb 2019 and I was thinking maybe while I am technically still in staus, (60 days grace period), I was thinking to have my wife's H4 visa processed before my 60 days run out.  if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Vaibhav

What is the end game though. You were laid off and your visa is expiring soon. Why bring your wife to the U.S. now, wouldn't it make a lot more sense to use your grace period to be making plans to live somewhere outside the U.S.?

[aaron2020 11,651]

Your plan will not work.

 

Your H1-b is going to expire.  No way is the US Consulate going to approve an H-4 when the H-1b doesn't have a job and status is ending.

 

Converting to a B-2 is unrealistic.  You and your wife will be out of status for a frivolous filing because your intent is not tourism but to live in the US.

 

You should be taking your 60 days to plan on going home, not bringing your wife when your status is ending.   

[Crazy Cat 41,884]

4 hours ago, vb8188 said:

Hi all, 
I am on H1-B visa and I was laid off on 29th March 2019, Also I recently got married on 23rd Feb 2019 and I was thinking maybe while I am technically still in staus, (60 days grace period), I was thinking to have my wife's H4 visa processed before my 60 days run out.  if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Vaibhav

I don't think you will be successful in the H4 under your current employment situation.

[SusieQQQ 11,586]

6 hours ago, vb8188 said:

Hi all, 
I am on H1-B visa and I was laid off on 29th March 2019, Also I recently got married on 23rd Feb 2019 and I was thinking maybe while I am technically still in staus, (60 days grace period), I was thinking to have my wife's H4 visa processed before my 60 days run out.  if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Vaibhav

 

Sounds like a good plan for a overstay and potential ban. (You may  not realize change of status applications can take 6 months or so to  adjudicate, and if by some miracle you get the h4 approved (unlikely anyway) the COS application will almost certainly be denied due to the circumstances of what you’ve done; the overstay will date back to the original i94 expiration.) But all that is probably hypothetical anyway, if you don’t have a job there is no proper basis for a h4.

 

Options are to get a new job during your grace period, or return home and apply for B visas from there to visit.

Edited April 10, 2019 by SusieQQQ

[WeGuyGal 1,052]

OP's intention is to get the wife to the US any way possible. An H4 before the 60 day period runs out, then a frivolous b2 COS if the spouse doesn't land an H1b job during the grace period; whatever it takes to get into, and stay in the US. A common tactic among Indian nationals. 

 

Does the wife (and her family) know about your being laid off and the H1b no longer valid without a corresponding job? 

[Mollie09 1,543]

6 hours ago, vb8188 said:

Umm why would she be out of status ? 

And my end goal is for her to convert her h4 visa to maybe a visitor b1/2 visa if it’s needed at all. 

 

All I am requesting to ask if what I asked originally in the question is possible or not ? Thanks

It's not. Odds of a consulate approving an H-4 for an H-1B that's ending are close to zero. Even if it was issued, odds she'd then make it through POE in your current situation are zero.

[geowrian 22,337]

H-4 is a dependent visa. It no longer retains validity when the visa for which it is dependent upon becomes invalid, or when the primary visa visa holder no longer qualifies for their status. There's nearly 0 chance the consulate would issue a visa in the circumstances noted.

 

7 hours ago, vb8188 said:

if it's not advisable what would be the best thing to do to bring my wife here in the US. I would really appreciate any answers.

Obtain a new legal status within the US for which she does qualify for a dependent visa, or find a legal means to become a permanent resident and then petition her for residence.

Edited April 10, 2019 by geowrian

[WeGuyGal 1,052]

Unless OP has a qualifying immediate relative in the US, family-based GC is out. And unless he qualifies for EB1C for an i140, employment based GC is out as well in the near term. I don't see any means to permanent residence. Which may be why he's on here seeking ways to NIV. 

[Ben&Zian 4,398]

 H1 visas.... ah, gotta love them.

[Boiler 45,525]

B would seem more obvious.

[SusieQQQ 11,586]

One does wonder why the h4 application wasn’t submitted immediately after the marriage?