B1 / H4 Visa?

Question

My wife has an offer to work for a Canadian company on a B1 visa for a year.

She is currently on an H4.

We DO intend to return to Canada when my H1B is up in 2009 but my company has hinted at wanting me to stay on and getting me a green card. Given this economy, I might accept that offer.

If I do will my wife's H4 and/or B1 status be an issue?

Answer 1

I have to wonder what you mean by "work" on a B-1 visa. In any case, your wife's status would not be a factor to consider in determining your eligibility for adjustment of status to permanent resident based upon an employment based immigrant visa petition.

You realize that the definition of a B nonimmigrant is:  An alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure.

And the definition of "work" is: Exertion or effort directed to produce or accomplish something; labor; toil.