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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28197
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, My wife did her Masters in USA on F1 visa and then

Customer Question

Hi Judith,My wife did her Masters in USA on F1 visa and then left the country. She came back on H4 after our marriage. She then worked for a university on Non profit H1-B for three years. She left to India and came back on H4. and before H4 expured this May she left and is in India since then. My H1-B is valid until Aug 18 2016 and we wanted her to get her H4 stamped at a consulate in India but there are no dates available before Aug 2016. Would you advise she going for a B2 visa to visit me since my daughter is a Us citizen and she has to renew her Indian visa here in USA at an Indian consulate? Would the conuslate officer in India accept this?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Judith replied 5 months ago.

What is the date in Aug that is available before your H1B expires?

Judith

Customer: replied 5 months ago.
There is no date available before Aug 18 for H-4 consular interview. the latest is sep 27
Expert:  Judith replied 5 months ago.

Well she has no option other tha to apply for the B2 since the daughter's visa tourist visa for India is expiring and there is no possible way to renew it in India.

Will the consular officer accept her going as a tourist? It all depends on whether he finds it credible that she intends to return to the US and now stay there to change status to your dependent under the F1.

I really don't see any other option but to try because there is no other option.

Judith