Tweet
Me and my husband work in USA on a H1B Visa. Since his 6 year tenure is getting over by this month, he is moving to UK on a work permit for a year. We both are Indian citizens. Can he apply for a H4 Visa from London, UK? Or should he apply for a B2 visitors visa in London UK, as he will be just visiting us. Does he has to go to India to get any of these visas? What are procedures to apply in London UK embassy and what are possibilities of getting it.
-
-
H4 should be fine.
Yes, he can, if UK is his place of residence while applying.
Procedure is same.
No issues. -
If his plan is to get a fresh 6 year term after 1 year, then applying and travelling in H4 will not work. He has to stay out of U.S for 1 whole year.Not a legal advice. Use of this information is strictly at your own risk.Comment
-
thanks for the info. If he travels in Business visa, will it be counted for the 1 year term. If not is it possible to get a business visa from london embassy for an indian citizen who recently moved to UK.Comment
-
The rule states the below. But I am not sure how USCIS handles these cases. I suggest you consult a good immigration attorney.
Pursuant to 8 C.F.R. ยง 214.2(h)(13)(iii)(A):
An H-1B alien in a specialty occupation , who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension,change status or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.
Originally posted by jaisrik View PostNot a legal advice. Use of this information is strictly at your own risk.Comment
Comment