b2-h1/h4 question

[speed888]

hi

im helping my sister and her husband on their situation right now..

they went here in the states in b2 visa 3months ago then an employer petitioned her for h1 visa(h4 for her husband) then recently the employer said that they got the letter that it was approved but they need to go back home to their home country to get their visa's? is that possible?? coz their i94 expires this sept

thanks in advance

 

[pvkby]

hi

im helping my sister and her husband on their situation right now..

they went here in the states in b2 visa 3months ago then an employer petitioned her for h1 visa(h4 for her husband) then recently the employer said that they got the letter that it was approved but they need to go back home to their home country to get their visa's? is that possible?? coz their i94 expires this sept

thanks in advance

Of course it is possible. Depending on how your employer filed for H-1B visa, it can either be approved in the US or your approval can be sent to the counsulate. Seems like in your case its the second variant. There is not much to worry about, H-1B visas are very rarely denied...so talk to your employer, get all the details on the case and if you need to go back and get your visas, its even better because then your can travel on H visa

 

[speed888]

oh i see

but is there any other way so they dont need to go back in their home country anymore? and just get their h1 and h4 visa's here in the states?

thanks again

 

[pvkby]

oh i see

but is there any other way so they dont need to go back in their home country anymore? and just get their h1 and h4 visa's here in the states?

thanks again

yes. but i cannot really say how or what since there is really not much detail, besides the fact that their employer told them to go back...

 

[speed888]

what details do u need?

coz we heard that u can file some ammendment so they dont need to go home anymore

 

[GotPR?]

If you read I539, it says I-129 petition must be accompanied with it for change of status. Since your I129 already went through, I'm not sure if you can run change of status.
You should confirm with lawyer if you can do change of status after H1 is approved.
If your I94 expires before H1 start date, probably change of status won't be approved even though it is possible to ammend..
So, plan accordingly.

 

[razors_edge]

Please do not worry much about, as the H-1B visas are very rarely denied. First talk to your employer and get the details. You can send your approval in US Consulate OR call the USCIS help line.