MVMR Posted July 17, 2018 Report Share Posted July 17, 2018 Hello All, I have my H1B extension filed under consular processing and family is in India on vacation. My Kids are US born and attend school in US, they want to return back to the US to attend school and I am unable to explain them the situation. It might sound weird but is there a provision that my wife and kids be allowed to travel to US while I stay out of the country till my H1 is approved for my kids to attend school. Regards, MVMR Link to comment
JoeF Posted July 17, 2018 Report Share Posted July 17, 2018 The kids could of course travel, as US citizens, but your wife can't until your H1 is approved. Link to comment
satya2k1 Posted July 17, 2018 Report Share Posted July 17, 2018 if your wife has a valid visa then she can travel with kids to the USA. Link to comment
mehopeful Posted July 17, 2018 Report Share Posted July 17, 2018 Even if your wife has valid H4 Visa, she cannot travel to US without you already being in the US in H1 status (or traveling with her). Link to comment
ChadH1B Posted July 17, 2018 Report Share Posted July 17, 2018 9 hours ago, MVMR said: Hello All, I have my H1B extension filed under consular processing and family is in India on vacation. My Kids are US born and attend school in US, they want to return back to the US to attend school and I am unable to explain them the situation. It might sound weird but is there a provision that my wife and kids be allowed to travel to US while I stay out of the country till my H1 is approved for my kids to attend school. Regards, MVMR Hi I have same situation, i got deniel and now i am forcing my company to file new H1b i.e. consular processing. I am thinking to do it in PP insted of regular. But i heard that PP are getting deniels. is it true? Regarding travelling - Kids no issue but for wife yes. Same boat man! Link to comment
satya2k1 Posted July 17, 2018 Report Share Posted July 17, 2018 mehopeful might be right... Because your wife is dependent, and if you are not in the US then she cannot depend on others. Link to comment
Provence Posted July 17, 2018 Report Share Posted July 17, 2018 4 hours ago, ChadH1B said: Hi I have same situation, i got deniel and now i am forcing my company to file new H1b i.e. consular processing. I am thinking to do it in PP insted of regular. But i heard that PP are getting deniels. is it true? Regarding travelling - Kids no issue but for wife yes. Same boat man! You cannot force an employer to file. H1b is an employer's petition, the company decides what positions they have and which of those positions they hope to file an H1b for if a USC/LPR in unavailable. Link to comment
Provence Posted July 17, 2018 Report Share Posted July 17, 2018 13 hours ago, MVMR said: Hello All, I have my H1B extension filed under consular processing and family is in India on vacation. My Kids are US born and attend school in US, they want to return back to the US to attend school and I am unable to explain them the situation. It might sound weird but is there a provision that my wife and kids be allowed to travel to US while I stay out of the country till my H1 is approved for my kids to attend school. Regards, MVMR This goes to show the risk in H1Bs. Despite USC kids, non-immigrant visa attempts could always land in AP, POE issues, etc. Link to comment
JoeF Posted July 18, 2018 Report Share Posted July 18, 2018 11 hours ago, satya2k1 said: if your wife has a valid visa then she can travel with kids to the USA. No, she can't. The H4 is dependent on the H1, and if there is no valid H1 the H4 is invalid. Trying to travel with the H4 would be immigration fraud. Link to comment
MVMR Posted July 18, 2018 Author Report Share Posted July 18, 2018 Thank you all for the responses and let me wait and see. Link to comment
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