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-   -   Any potential probs at boarder on H4 if H1b not with us and still overseas (https://britishexpats.com/forum/usa-57/any-potential-probs-boarder-h4-if-h1b-not-us-still-overseas-901632/)

Chesten Aug 14th 2017 1:14 pm

Any potential probs at boarder on H4 if H1b not with us and still overseas
 
I'm probably overthinking and imagining problems. Still, it seems prudent to check.

We're all visiting family in UK and return later this week. There's a chance my husband may follow later. Will the kids and I encounter any problem at US POE on our H4s if he's not with us? (Not sure how literal all this 'dependent' stuff is).

fbf2006 Aug 14th 2017 1:52 pm

Re: Any potential probs at boarder on H4 if H1b not with us and still overseas
 
No it's not a problem.

ian-mstm Aug 14th 2017 3:11 pm

Re: Any potential probs at boarder on H4 if H1b not with us and still overseas
 

Originally Posted by Chesten (Post 12316302)
Will the kids and I encounter any problem at US POE on our H4s if he's not with us?

If your H-1B husband has already entered the US at some point, no. However, the validity of your H-4 visas are dependent on his H-1B, so he must either enter with you or already be in the US, at least once, ahead of you. I'm not sure you can enter on H-4s prior to his H-1B visa being validated.

Hopefully someone else can clarify.

Ian

Chesten Aug 14th 2017 4:48 pm

Re: Any potential probs at boarder on H4 if H1b not with us and still overseas
 
Sh1t that is my fear. Things I'm seeing on google seem to say the same.

Seems like all stops need to be pulled out to ensure we're travelling together. We travelled to UK independently, me ahead with the kids and on separate tickets to him, obvs; there may be issues with his flight home hence this problem.

Chesten Aug 14th 2017 4:54 pm

Re: Any potential probs at boarder on H4 if H1b not with us and still overseas
 

Originally Posted by fbf2006 (Post 12316328)
No it's not a problem.

I hope you're right and I may be testing this process the hard way, but my efforts will be to try and get him on the same flight.

Pulaski Aug 14th 2017 5:05 pm

Re: Any potential probs at boarder on H4 if H1b not with us and still overseas
 

Originally Posted by Chesten (Post 12316489)
I hope you're right and I may be testing this process the hard way, but my efforts will be to try and get him on the same flight.

I am trying to piece together exactly what your current situation is from your posts in this thread, and the best fit I can make of the pieces is that you have overlooked Ian's advice

The H-1B holder has to have already, at some point been in the US, to "activate" the H-1B, but he doesn't have to be in the US every time you re-enter.

Chesten Aug 14th 2017 5:22 pm

Re: Any potential probs at boarder on H4 if H1b not with us and still overseas
 
Ok that's a relief that I misunderstood. Re-reading, Ian's post was perfectly clear but I must have been too rushed or distracted.

My husband has of course been in the US.

I won't bore with the details of our flights and the likely problem with his. But if I end up travelling ahead it's good news that it doesn't matter one bit at POE

fbf2006 Aug 14th 2017 5:26 pm

Re: Any potential probs at boarder on H4 if H1b not with us and still overseas
 

Originally Posted by Chesten (Post 12316489)
I hope you're right and I may be testing this process the hard way, but my efforts will be to try and get him on the same flight.


Hasn't your husband been in the US already on his H1 and you all just traveled (albeit separately) to the UK for a visit?


Numerous people, including my husband many years ago, have entered on H4 or L2 without their spouses with them. This is when the spouse has already entered the US or changed status in the US to a H-1B/L-1.

Pulaski Aug 14th 2017 5:27 pm

Re: Any potential probs at boarder on H4 if H1b not with us and still overseas
 

Originally Posted by Chesten (Post 12316513)
Ok that's a relief that I misunderstood. Re-reading, Ian's post was perfectly clear but I must have been too rushed or distracted.

My husband has of course been in the US.

I won't bore with the details of our flights and the likely problem with his. But if I end up travelling ahead it's good news that it doesn't matter one bit at POE.

So that's a relief - it's a total non-issue for you! :thumbsup:


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