I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Answer

Although it is permissible to request admission on B-2 to visit one’s H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in H-4 status as often as s/he pleases, even for very short trips to the U.S. And, in general, frequent travel to the U.S. on an H-4 visa is less likely to create problems at a U.S. port of entry than frequent travel on a B-2 visa. (20.Mar.2024)

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