Immigration Issues/Family Visa in US

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Question
Dear Ramasamy,

1) If I am offered a new job from a potential employer (US company) under H1B visa (transfered from current H1B), can my wife and kids continue to stay in the US under H4 if I were to be sent to Germany for training (2 years)?

2) If not, do I have to travel back and forth Germany and US? How often and how long?

3) Can my new employer start my green card application if I were still in Germany?

Appreciate your response.

Thanks
Bryan

Answer
Bryan,
Your family can stay on H-4 visa provided your employed in the US as per the H-1B visa rules. This is the standard that you need to decide if your family can stay in the US on H dependent visa status.  There are no how often or how long means to overcome this. Your employer can process for your green even if you are in Germany.

Regards,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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