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Visa Question

Visa Question

Old Jul 31st 2002, 6:38 pm
  #1  
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Joined: Jul 2002
Location: California
Posts: 4
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Default 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
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Old Aug 1st 2002, 1:20 am
  #2  
Sylvia Ottemoel
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Default 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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