Help - Search - Members - Calendar
Full Version: Anyone here know anything about an H2B visa
VisaJourney.com > General Discussion Area > Regional Discussion > Latin America, Mexico & the Caribbean

luvmyyaadie
I would like to get some help from people who have gone through or are familiar with the H2B visa process and have gotten married while in the US on that visa.

some questions are:
1. My soon to be husband is on H2B (seasonal employee) visa, he's been here for over a year and has to be re-sponsored by his company every 6 months. His I-94 expires April 2008. What happens when we file the paperwork for AOS and EAD, etc and it will of course take up to 90 days and his I-94 will have expired.
2. He is not staying with his current company, he is in Vail, CO and will be moving to TN with me... I'm assuming he will just resign from his job there and come here when the I-94 expires in April. We are getting married in February but he feels obligated to his employer since he is sponsored by them until April. So after we are married, he is going back to CO.

I have spoken with an attorney but they won't give me much assistance because I'm not paying them, of course which is understandable... we just don't want to run into any obstacles if he's out of status when the I-94 expires, and before the other paperwork is approved...

Any suggestions, or any ideas?

Thanks!
Hotlegz
If ur hubby stops working for his current employer doesn't that void his visa ? and he will be out of status ?
diadromous mermaid
QUOTE(OrayneandI @ Jan 23 2008, 07:16 PM) *
I would like to get some help from people who have gone through or are familiar with the H2B visa process and have gotten married while in the US on that visa.

some questions are:
1. My soon to be husband is on H2B (seasonal employee) visa, he's been here for over a year and has to be re-sponsored by his company every 6 months. His I-94 expires April 2008. What happens when we file the paperwork for AOS and EAD, etc and it will of course take up to 90 days and his I-94 will have expired.
2. He is not staying with his current company, he is in Vail, CO and will be moving to TN with me... I'm assuming he will just resign from his job there and come here when the I-94 expires in April. We are getting married in February but he feels obligated to his employer since he is sponsored by them until April. So after we are married, he is going back to CO.

I have spoken with an attorney but they won't give me much assistance because I'm not paying them, of course which is understandable... we just don't want to run into any obstacles if he's out of status when the I-94 expires, and before the other paperwork is approved...

Any suggestions, or any ideas?

Thanks!



I thought the H2B was a temporary non-immigrant worker visa, with rather significant limitations. One year issue, no adjustment of status...not dual intent visa.
Jomo's girl
It's been a little rough finding anything on this.

From what I did find, you should be very cautious of him quitting his job and then moving with you. He will be out of status when he quits.

Also, it appears you can't go the K-1 route because he is already here.

Jomo's girl
Found this.......

Just file concurrently I-130, I-485, I-765 (if she wants to work) because her status will be changed from H-2B to out of status and she can't work without auhtorization. If she wants to travel abroad, she has to file an Advance Parole.

Check the guide here in VJ: http://www.visajourney.com/forums/index.ph...page=i130guide2 or

this site :http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD


Still looking.
luvmyyaadie
QUOTE(kimmykashi @ Jan 23 2008, 08:17 PM) *
If ur hubby stops working for his current employer doesn't that void his visa ? and he will be out of status ?



Yeah, that's the question... lol! I am going to contact the people who deal specifically with the H2B visa's tomorrow. It is stated that, "you can not change your status"... I think that means that they can't go from H2B to J1, etc... but if they are married, that should fall under another category, I know that there are other sites that talk about marriage on a h2B visa but they don't give specifics... especially being that we are in different states and he would eventually have to move home with Mama... lol! I'll let you all know what I find out, I'm sure that there are other's who would like to know, maybe for the sake of knowing...
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.