HELP!! H-1B visa application

DusPeri

New Member
Dear All,

I am a GC holder (approved 7/7/04)and my questions are regarding my fiance. He is a foreign MD who is in the US on a tourist visa and the I-94 expires on 9/19/06. He has had a positive job interview in a pharma company but the results will be known on June 15. Since the visa cap for H-1b will be reached any day now my questions are:

1. All the pending H-1b visa applications.. is it a given that all will be approved or there is a chance that some of them might be rejected and therefore leave some more room for those who are about to apply.

2. If a company sends an h-1b application on my fiance's behalf and by the time his case is reviewed the visa cap is reached, what happens to his tourist visa? Is it revoked? Could he re-enter the USA based on that visa (it is valid until 12/2008)?

3. I am hearing that Senator Cornyn of Texas has introduced the SKIL Bill to increase the visa cap to 115,000. Do you have any information whether the cap limit will be raised since it is probable that the current cap will be reached this June.

We planned to go to Europe on July 1 and have our wedding on July 8 but we will cancel it if that may cause him problems due to the H1b application..

Thank you so much for your help, it is Memorial Day weekend and all the lawyers are gone..
 
You may want to contact an immigration lawyer. I am assuming that you will apply for his GC once you are married.
If you get married and he tries to return to US using B visa or the H one for that matter he may be denied at POE (you will have to let the POE officer know that you are married, otherwise you are creating problems for yourselves down the line - AOS, GC, etc).
Remember that B is a non-immingrant visa, while H is dual intent visa. However, neither of these two visas is applicable means of entry for spouses of US citizens.
 
No, I am not gonna apply for his GC through my GC (after we are married)because it takes 3 years and he cannot be in the USA with me during that time. We are not gonna advertise that we got married. If he is to apply now for the h-1b he is still gonna be single therefore nothing will be untrue.

My primary question is if he applies for the H-1b and he doesn't get it because the cap is reached can he re-enter the USA on his still valid B-1 visa.

Thanks!
 
His tourist visa remains valid. However, it is up to the POE officer to decide what to do with the information. He may not have any problems; yet again he may have a lot. That’s why I suggested consulting an immigration lawyer.
Keep in mind that telling the truth about marriage at the POE is not advertising. It is the matter of being truthful to the officer and ultimately the USCIS. I am sorry if I misinterpreted your info about marriage.
 
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