Mel

Hi again all,

If a couple from outside the USA marries while one party is working in the country on
a H1-B visa, and the partner enters the country on a H4 (is this correct) visa, what
documentation will each party require? Is this a complicated process?

Also, once in the country, my understanding from a previous post is that the H4 visa
party can look for work and apply for a H1-B visa for themselves. Is this correct?
Again, what documentation will be required? If they do get a H1-B visa and their
employment contract finishes before their partner's, will they be able to transfer
back to a H4 visa?

Thanks

Mel

Andy Platt

"Mel" <[email protected]> wrote in message news:[email protected]...
    > Hi again all,
    >
    > If a couple from outside the USA marries while one party is working in the country
    > on a H1-B visa, and the partner enters the country on a H4 (is
this
    > correct) visa, what documentation will each party require? Is this a complicated
    > process?

The better newsgroup for H-1/H-4 issues is alt.visa.us. However, since I was on H-1B
I can help:

The spouse will need to get an H-4 visa from their consulate. As well as the usual
non-immigrant visa application forms and fees, they will need the marriage license
and the original I-797 receipt for the H-1. Most consulates have good websites, for
instance here's the London one:

http://www.usembassy.org.uk/

    > Also, once in the country, my understanding from a previous post is that
the
    > H4 visa party can look for work and apply for a H1-B visa for themselves.
Is
    > this correct? Again, what documentation will be required? If they do get a H1-B
    > visa and their employment contract finishes before their partner's, will they be
    > able to transfer back to a H4 visa?

If they find someone to sponsor them for an H-1B, the sponsor will take care of the
details (the basic requirements for H-1B are that you have the equivalent of a four
years bachelor's degree or higher and are in an "in demand" field). The only things I
remember giving the lawyers who dealt with my H-1B application were a copy of my
birth certificate and information about the courses I took at university. The
applicant could change status to H-1B without leaving the US but, on leaving the US,
would need to apply for an H-1B visa at a consulate to re-enter. They could switch
back to an H-4 later if necessary.

Andy.

--
I'm not really here - it's just your warped imagination.

Paul Helpdesk

You are correct about this H-1B and H-4 change. You could enter in either status and
change to another status. Always make sure to maintain that status and file the
documents at the appropriate time. You may find additional details at:

http://www.visapro.com/H1B-Visa/H1B-Visa.asp

http://www.visapro.com/H4/H4-Visa.asp

Paul @ HelpDesk