Yes. If the foreign worker’s spouse and/or child(ren) entered the United States in a different non-immigrant visa category (i.e. visitor); were present in the United States in valid non-immigrant status when the H-1B petition was approved; and a filed an application to change status from the non-immigrant status to H-4 status, then the foreign worker’s… Read More
H-B1 Visa
Can the foreign worker’s spouse and/or child(ren) enter and exit the United States with an H-4 visa?
Yes. Assuming the foreign worker’s spouse and/or child(ren) possess a machine readable H-4 visa in their passport, s/he can enter and exit the United States during the validity period of the visa (the foreign worker must also continue to be employed by the H-1B U.S. employer).
What if the foreign worker’s spouse and/or child(ren) are outside the United States at the time the USCIS approves the H-1B petition?
The foreign worker ‘s spouse and/or child(ren) must proceed to the United States embassy or consulate in their native country to obtain an H-4 visa before s/he will be admitted to the United States. If the foreign worker’s spouse and/or child(ren) already possess an H-4 visa then s/he can enter the United States once the… Read More
How does the foreign worker’s spouse and/or child(ren) obtain an H-4 visa?
Assuming the foreign worker’s spouse and/or child(ren) are outside the United States and require an H-4 visa to enter, after approval of the H-1B petition by the USCIS, the foreign worker’s spouse and/or child(ren) must proceed to the United States embassy or consulate in their native country to obtain an H-4 visa before s/he will… Read More
What is the procedure when the foreign worker arrives in the United States?
The foreign worker must enter the United States during the validity period of the H-1B visa. Upon arrival in the United States, the foreign worker will be questioned by a Customs and Border Protection (CBP) officer who will review the H-1B visa. The CBP officer will create an Arrival/Departure Record (form I-94) that will indicate… Read More
Can the foreign worker change status to H-1B status in the United States?
Yes. If the foreign worker entered the United States in a different non-immigrant visa category (i.e. visitor); was present in the United States in valid non-immigrant status when the H-1B petition was approved; and a request for a change of status from the non-immigrant status to H-1B status was requested, then the foreign worker could… Read More
Can the foreign worker enter and exit the United States with an H-1B visa?
Yes. Assuming the foreign worker possesses a machine readable H-1B visa in their passport, s/he can enter and exit the United States during the validity period of the visa (the foreign worker must also continue to be employed by the H-1B U.S. employer).
What if the foreign worker is outside the United States at the time the USCIS approves the H-1B petition?
The foreign worker must proceed to the United States embassy or consulate in their native country to obtain an H-1B visa before s/he will be admitted to the United States. If the foreign worker already possesses an H-1B visa then s/he can enter the United States once the H-1B petition is approved.
Can a foreign worker begin employment in the United States without an H-1B visa?
Yes. If the foreign worker entered the United States in a different non-immigrant visa category (i.e. visitor); was present in the United States in valid non-immigrant status when the H-1B petition was approved; and a request for a change of status from the non-immigrant status to H-1B status was requested, then the foreign worker could… Read More
How does the foreign worker obtain an H-1B visa?
Assuming the foreign worker is outside the United States and requires an H-1B visa to enter, after approval of the H-1B petition by the USCIS, the foreign worker must proceed to the United States embassy or consulate in their native country to obtain an H-1B visa before s/he will be admitted to the United States…. Read More