Visa Question
My friend has applied for H1. But his wife holds a green card. She came to India to get married and now they are moving back.
My questions: 1. Will it be difficult for my friend to enter the US with a H1 if the INS knows that his wife is a green card holder? 2. Can the INS deny him an H1 if they find out that his wife is a green card holder? 3. Is it okay that his company processes his H1 and he enters the US, without tagging along with his wife? Thanking you, rc |
Re: Visa Question
rupa wrote:
> My friend has applied for H1. But his wife holds a green card. She came to India to > get married and now they are moving back. > > My questions: > > 1. Will it be difficult for my friend to enter the US with a H1 if the INS knows > that his wife is a green card holder? No. H-1B status allows dual intent. > 2. Can the INS deny him an H1 if they find out that his wife is a green card > holder? No, they cannot deny an H-1B petition, nor can a U.S. consular post deny an H-1B visa application, based on this reason. This is written into the law. > 3. Is it okay that his company processes his H1 and he enters the US, without > tagging along with his wife? Yes. He could not "tag along" with his wife anyway for about 6 or 7 years, depending on how close she is to U.S. citizenship. |
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