Married and Traveling while on H1B Visa

[Oshun 3]

Hi VJ!

I have a questions about H1b visa and dual intent. My husband (USC) and I are planning to travel outside of the country before we apply for my AOS. I traveled in Jan 2010 and was fine but the immigration officer at the consular seemed rushed (I could be wrong) and quickly approved my visa stamp. Now that I am researching the AOS I want to make sure that that wasnt some fluke being that I was married at the time, and that I can indeed travel while married to a USC with an H1b.

Any help on this matter would be greatly appreciated.

Thanks!

[spikemasta 1]

Hi VJ!

I have a questions about H1b visa and dual intent. My husband (USC) and I are planning to travel outside of the country before we apply for my AOS. I traveled in Jan 2010 and was fine but the immigration officer at the consular seemed rushed (I could be wrong) and quickly approved my visa stamp. Now that I am researching the AOS I want to make sure that that wasnt some fluke being that I was married at the time, and that I can indeed travel while married to a USC with an H1b.

Any help on this matter would be greatly appreciated.

Thanks!

Do you have an H1B stamp in your passport that allows you to travel? Also, are you currently working with your H1B and still maintaining that visa?

[Oshun 3]

Yes to Both. I have my Visa atamp and I am still working with the company that sponsored it.....

[spikemasta 1]

Yes to Both. I have my Visa atamp and I am still working with the company that sponsored it.....

Please someone correct me if i am wrong, but being married shouldn't have any effect on traveling, since you have the H1B Stamp, and the visa is still active. I don't know the timelines for how long you can travel, but since you seem to be keeping your H1B job, you probly are just taking a vacation, and thus, traveling should be just fine. Hope this helps, and it's right.

[Oshun 3]

Apologies.... Actually I have one correction. the Visa stamp is no longer valid because my employer updated my 'approval" with my new last name and new expiration with 180 more days on it. I assume this means my old visa stamp is invalid and I cannot travel on it.

If I travel outside of the US with my new approval (not visa stamp) will they still issue me another visa stamp or deny it since I am married?

[spikemasta 1]

Apologies.... Actually I have one correction. the Visa stamp is no longer valid because my employer updated my 'approval" with my new last name and new expiration with 180 more days on it. I assume this means my old visa stamp is invalid and I cannot travel on it.

If I travel outside of the US with my new approval (not visa stamp) will they still issue me another visa stamp or deny it since I am married?

Sorry don't know that. From what i remember, i thought you could only get the H1B stamp in your passport at a foreign Embassy, so not sure. Worst case scenario i can think of would be, if you don't have that stamp, and can't get it while on your trip, they may make you fly to your home country and get the H1B stamp there before you can come back to the US.

Since you haven't started your AOS with your marriage, then you don't have AP or an application in progress, so again, that shouldn't be a factor in anything.

[Harpa Timsah 13,258]

Yes you can travel.