You are here:

Immigration Issues/H1 transfer for dependent

Advertisement


Question
Hi, I have my H1b visa in the process of transfer from one place to another. I'm already started to work on new place. Unfortunatelly I did stupid mistake and sent my 10 years old daughter, who has H4 visa as my dependent, to visit my parents in our country (Russia) for summer vacation. I thought that visa transfer would not take too long and my daughter will come back at the end of summer with new visa. Unfortunatelly our case wasn't processed for 4 months and my daughter got stack in Russia since we couldn't apply for re-entry visa for her until my H1b is in transfer. Now I got call from USCIS and I was asked if my daughter is outside of USA. Now I'm worried that it could be reason to deny her visa transfer. Is being outside the reason to deny visa for H4 dependent if I (as principal for H1b visa family) am in the USA?
Could you suggest what I can do if it happens? I'm really desperate since I didn't see my daughter already  almost 5 months.
Thanks for help!

Tatiana

Answer
Hi,

The USCIS will deny the application to extend your daughter's H4 status (Form I-539) based on abandonment (she left the U.S.).

However, there is no problem, as your daughter was able to remain legally in the U.S. while her application to extend H4 status was pending with the USCIS, and there is no restriction on departing the U.S. while an application to extend or change status is pending.

Your daughter has applied for H4 visa stamp at the nearest U.S. Consulate in Russia. The Consulate will eventually issue H4 visa stamp to your daughter, and when your daughter enters the U.S. she will be in H4 status. The Consulate appears to be waiting for your H1B transfer petition to be approved by the USCIS, and when it is approved the Consulate should issue H4 visa stamp to your daughter.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.