Summary
Traveling abroad while an H1B petition is pending can affect the Change of Status (COS). If your husband travels, he may need to complete consular processing in the UK to obtain the H1B visa. You and your children would also need to obtain H4 visas through consular processing. The H1B petition must be filed by the employer within the specified period, typically in April. Premium processing can expedite the approval to 15 calendar days, potentially aligning with your travel plans. Consult an immigration attorney for specific guidance.Full Conversation
so i am on an l1a visa and my husband and kids an L2. My husbands work is putting him in for his H1B. If he gets chosen out of the lottery whilst his file is being submitted etc would we still be able to go on our holiday we have booked to the domincan for two weeks - or will it affect his filing?
Hi Laura! It's great that you have a holiday planned. Here are some points to consider regarding travel while your husband's H1B petition is pending:
- If his Change of Status (COS) is being filed, traveling abroad may affect the COS.
- He can still be eligible for H1B, but may need to consular process upon return.
- It's advisable to consult with your immigration attorney for specific guidance.
Would you like to be connected to a local lawyer for more detailed assistance?
what do you mean consular process?
Consular processing means your husband would need to go to a U.S. consulate or embassy abroad (typically in his home country) to obtain his H1B visa stamp in his passport. This is necessary if he travels outside the U.S. while his Change of Status is pending.
Would you like more information or assistance connecting with a local lawyer?
so we could still go on holiday and he would still get the h1b and me and the kids our spouse visas but when it comes to changing our status on our visas we would have to go back to the uk?
Case Rating: *
Yes, you can still go on holiday, but if your husband's Change of Status (COS) is pending, he might need to complete consular processing in the UK to obtain the H1B visa. Similarly, you and your children would also need to obtain your dependent visas (H4) through consular processing.
Would you like more detailed information or assistance connecting with a local lawyer for expert advice?
would we still be able to get back into the us?
Case Rating: *
Hi Laura! Yes, you would still be able to get back into the US, but you would need to go through consular processing in the UK to obtain your H1B and H4 visas. This means visiting a US consulate or embassy in the UK to get your visas stamped before returning to the US.
Would you like more detailed information or assistance connecting with a local lawyer for expert advice?
so even if the h1b is still processing we would have to go to the uk before re entering the us?
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Hi Laura! Yes, if your husband's H1B is still processing and you travel outside the US, you would need to complete consular processing in the UK to obtain the H1B and H4 visas before re-entering the US. Would you like more detailed information or assistance connecting with a local lawyer for expert advice?
when does the h1b need to be filed if selected
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Hi Laura! If your husband's H1B petition is selected in the lottery, the petition (Form I-*) must be filed by the employer within the filing period specified by USCIS in the selection notice, typically in April. This ensures that the application is considered for the fiscal year starting October 1st.
do you think we would get the h1b before may 19th?
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Hi Laura! The timeline for receiving an H1B approval can vary. Generally, after being selected in the lottery, it may take several months for USCIS to process the petition. Premium processing (if available) can expedite this to * calendar days.
Are you considering premium processing to expedite the approval?
yes
Case Rating: *
Hi Laura! Opting for premium processing can indeed expedite the H1B petition to * calendar days. Since your travel plans are for May 19th, premium processing could potentially align with your timeline.
Would you like more assistance on this or any other aspect of your case?
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