Visa Question
Jul 31st 2002, 6:38 pm
#1
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Thread Starter
Joined: Jul 2002
Location: California
Posts: 4
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
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
Aug 1st 2002, 1:20 am
#2
Guest
Posts: n/a
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.
> 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.
