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H4 Visa for existing business owner in USA

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visa-help-2019

New member
Hello All,

My wife own a business in India and she has also owns a llc in USA which is registered as foreign national just with bank account only and type delaware business.

She is working for the business and is in India but now I wanted here to come to USA but the problem is she has H4 visa.

Can she come on vacation and not work in USA and during her stay in USA she will not get any money from Indian or US company but when she is back she can get the money as she will start her work back. But the company will pay to its expenses in USA and to the other employee salaries in India. During the stay of my wife in USA she won't be beneficiary but later as she goes back to India she will be. I am asking her to come to USA for 3-4 months every year if that works out.

Some people say that she needs to get B2 visa to visit and should not have applied for H4. But we did not realized this problem and have H4 for both my wife and daughter.
 
Last edited:


FlyingRon

Senior Member
Depending on just what she intends to do, she could apply for an EAD or she can go back and get the B visa. You should talk to an immigration attorney as to exactly what her goals are. If she lies, she will be deported and barred when she is caught. The fact that you made previous errors perhaps unintentionally doesn't negate the need for you to follow the law.
 

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