Approved h2b for beneficiary already in US, travel home

[Ecotherm 0]

We have successfully petitioned for our au pair to stay in the US and continue working as our nanny, 1 year, one-time need H2B. She has maintained valid status the whole time. First j1 au pair visa, then visitor visa while the h2b petition was processing.

 

She would like to visit home (South Africa) for 3 weeks around Christmas. I thought the H2B would allow her reentry to the US but the I-797a says that is not the case. Is it possible for her to get the ds160 approved here before she leaves? 

[jan22 3,056]

Her status in the US was changed, but once she leaves the US, she no longer has that -- or any other --  US status.  She will need to apply for an H2B visa in order to return to the US.

 

She can fill out the DS-160 before she leaves the US, and, if able to pay tbe MRV application fee from the US, she can schedule the visa interview appointment.  But there is no way it will be adjudicated until she leaves the US and has an interview at the Embassy/Consulate.  They will have questions for her.  For example, she should be prepared to explain what she did with/for your family while in visitor visa status.

Edited October 23, 2023 by jan22