H2B visa extension

[ramirezz 0]

Hi.

I currently have an H2B visa, that is valid until October 7. I would like to extend it.

In case I get the extension, am I alowed to travel out of the US and back, while on my extension?

Thank you for any help you can provide.

[Boiler 43,393]

Have you talked to your Employer? Their Lawyer is the one that would handle it.

H2b is usually for seasonal/temporary positions.

[ramirezz 0]

Thank you for your answer.

My intention is to extend the visa through another employer. But that wasn't my question.

Once I extend the visa, can I travel outside of US and still be able to come back to US without additional paperwork?

[Boiler 43,393]

I did not know it was possible to change employers.

[canadian_wife 1,785]

Extend a visa through another employer? Do you mean a new petition?

Can you explain a little more please, since these questions so far seem that they should be directed to the lawyer handling your H2b visa

good luck

[ramirezz 0]

I am sorry if I wasnt clear. Let me try again.

1. I will extend my H2B visa throug another employer. I am doing it like this because my current one is a seasonal operation, and they close after october. So I need a employer that needs workers for his winter season.

2. After I am done with extending my visa, I would like to travel for a small vacation, outside of US. This is where the core of my question is. Can I travel outside of the US, while on my extension, and be able to get back in the US, without any problem.

Please disregard any thoughts on can I extend my H2B visa this way, or can I change employers. I already know that I can, and a lot of people are doing it because these H2B extension are not counted towards the H2B yearly cap.

http://www.uscis.gov/working-united-states/temporary-workers/cap-count-h-2b-nonimmigrants

I cannot find anywhere the info if I can travel out and back in, after the extension, so if anyone can point me to the answer of this question, I would be very gratefull.

[jan22 2,897]

I am sorry if I wasnt clear. Let me try again.

1. I will extend my H2B visa throug another employer. I am doing it like this because my current one is a seasonal operation, and they close after october. So I need a employer that needs workers for his winter season.

2. After I am done with extending my visa, I would like to travel for a small vacation, outside of US. This is where the core of my question is. Can I travel outside of the US, while on my extension, and be able to get back in the US, without any problem.

Please disregard any thoughts on can I extend my H2B visa this way, or can I change employers. I already know that I can, and a lot of people are doing it because these H2B extension are not counted towards the H2B yearly cap.

http://www.uscis.gov/working-united-states/temporary-workers/cap-count-h-2b-nonimmigrants

I cannot find anywhere the info if I can travel out and back in, after the extension, so if anyone can point me to the answer of this question, I would be very gratefull.

A lot of people doing it does not mean you automatically can. For example, there is a limit to the total amount of time you can be in the US in H2B status (3 years) without spending at least 3 months outside. So, there are some facts that you have not provided in order to get as correct a response as possible to your entire post.

However, to answer your question -- no, you cannot leave and re-enter the US unless you apply for and get a new visa while you are outside the US unless you have a copy of the new approved petition (I-797). With that, you MIGHT be able to re-enter with the old visa and the new petition...but you could be denied entry (as always).

Edited June 21, 2015 by jan22

[ramirezz 0]

Here is some more details on my stuation:

My first H2B was in 2006. I stayed that year for around 7months. Since then, I entered US one more time, in 2014, on visitor B1/B2 visa, and stayed for 2 months.

This year I got a new H2B visa and enterd May 1st.

Hope this helps.

Thank you for providing me with an answer. Do you have a link you could provide me with, where I could read more about this?

So, if I undestood you correctly, once my visa extension gets approved, I could (theoreticaly, but not for sure) travel outside and back in if I had a copy of the new approved petition for my case? Am I able to use the same petition and apply for a new H2B visa in the US Embassy in my home country?

[jan22 2,897]

You understood me corectly. And, yes, with the new petition, you could apply for a new H2B visa (which is likely what I would do, personally -- since you never know if an immigration officer at the port of entry will admit you with the old visa and new petition; better bet with a new visa based on the new petition). Sounds like you're fine on the amont of time spent in H2 status. You can always read more on USCIS and the State Department websites.