H4 Dependant Spouse, minor children born in US, H1B under Consular Processing


MVMR

Recommended Posts

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
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
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
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
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

Archived

This topic is now archived and is closed to further replies.