B2 travel from India, apply H4 from US

Hello,
I’m currently in India and was scheduled for interview in embassy for H4 which got cancelled due to lockdown. My spouse is in USA.

I have B1/B2 valid till Jul 15 2020. Have few queries, would be great if you can provide insight-

  1. Is it safe enough to travel from India to usa on vande Bharat flight with just 1 month of B2 validity remaining.
  2. can one apply for B2 extension on reaching USA, is more questioning possible at us immigration?
  3. should I directly apply for change of status from B2 to H4 in USA . Can u pls share the procedure for that. My spouse’s visa valid till 2022, but I don’t currently have H4 stamped.

Thsnks

Hi @snigam

You can travel on Vande Matram flight but as per my information, they are only allowing people with at least 1 year of US visa validity.

Secondly, the US visa officer may deny entry as your intent to enter US is not a temporary visit but joining your H1B spouse. I don’t suggest to take this risk. Rest is your choice.

Legally, you can file B2 to H4 change of status within US but if you file it within 90 days of entering US, it can be considered a fraud and might be investigated or denied by USCIS.

I am just sharing the risks. It is upto you to make a decision.

Thanks Anil for replying.
Can one apply for B2 visa extension on reaching USA , considering with the covid situations, many people on B1/B2 have applied for extensions whose visa were expiring? Would it be legal to do so, knowing that the validity will expire soon.
Also does lesser validity visitor Visa can trigger lot of interrogation at US PoE. Kindly advise.
Thanks

Legally, B1/B2 can file extension to stay in USA.