Hello all....

I was wondering if somebody has a similar situation or can advise me on this.

We got married last September in the US. I was and still am employed in an American company, and I still have my H1B stamped on my passport, and valid. But since October, I moved to Italy to be with my husband (my petitioner). We filed our I-130 a little after I moved here and interview is set for March. I'm not sure how long after the interview I can get an approval (hopefully). But I will need to travel back to the US for work (2 weeks).

Is there going to be a problem for me to travel on an H1B during a pending application?

Thanks everyone.
Fionna

Somebody else wrote a similiar thread not too long ago. Im not sure exactly what an H1B visa is but the one they were talking about was a tourist visa (I believe the wife was Ukranian or Polish).

Anyhow I believe the final answer was that as long as you dont violate any immigration laws (ie. overstay your visa) then it will have no impact on your application for a K3 or K1 visa.

Fofire

Hi Fofire,

H1B is a work visa, sponsored by an employer. Mine is valid for another year.
So I was wondering, if I'd encounter a problem...

How are you still employed by your US employer if you have not been in the states since October? Are you still in valid H-1 status (with the same, original H1-B employer)?

Ditto that.

H is dual intent so you will have no problem otherwise.

meauxna: The I.T. world has its perks... I'm working remotely.

Boiler: Thank you so much!!

OK, but that didn't answer the whole question.

IF you are still in valid H-1B status, then you benefit from the dual-intent status of the H1-B.