QUESTION
I am a Permanent Resident, my husband is on H1B. Can he travel outside of US to renew his H1B Visa stamp and re-enter while waiting for i-130 approval
Asked on Feb 12th, 2020 on Immigration - California
More details to this question:
I am a U.S. Permanent Resident; my husband is on H1B. We got married about a year ago, I am planning to file an i-130 petition for him this month. His original H1B expired in August 2019 so did the H1B visa stamp on his passport. He filed an extension for his H1B status before its expiry in 2019 and the status was extended to August 2022. We are now planning a trip to his home country in June to visit his parents, since his H1B visa stamp is expired he will also need to apply for a new H1B visa stamp at the U.S embassy in his home country during the same trip so he can re-enter the U.S with a valid visa stamp. My questions are: 1) Can he travel outside of U.S. while waiting for i-130 approval? 2) Will there be any issues on getting a new H1B visa stamp at the U.S. embassy and re-entering the U.S.?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Not having nonimmigrant intent would not be a hindrance to your husband in attempting to renew his H-1B visa stamp since the H-1B encompasses dual intent. That being said, an American consular officer is still entitled to look over the bona fides of the approved H-1B petition and to ask questions about it if he or she has doubts concerning the employment or your husband's qualifications or his background. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 09th, 2020 at 8:36 PM