POE Query

[satyanesh]

Hi All,

I have H1 visa which was stamped on Oct 1st,2008 and is valid till 2011. Because of my health condition I couldn't travel to US immediately and currently I am in India. Previously I was in US for 7 months on H4.

Now I am planning to travel along with my baby who is having H4 visa (her H4 is based on my husband's H1. Currently my husband is in USA).

I heard there is a possibility that at port of entry they might not allow me to enter on H1. In that case

1. Will there be a possibility that I can apply for a change of status to H4 as my husband is already in US on H1 ? Or
I need to leave the country from there it self ?

2. If they allow me to apply for a change of status again can I change back my status to H1?

Since I am travelling with our 4month old baby we are very much worried. Please post your views on this.

Thank you so much
satya

[Subramanya]

I have H1 visa which was stamped on Oct 1st,2008 and is valid till 2011. Because of my health condition I couldn't travel to US immediately and currently I am in India. Previously I was in US for 7 months on H4.

Now I am planning to travel along with my baby who is having H4 visa (her H4 is based on my husband's H1. Currently my husband is in USA).

I heard there is a possibility that at port of entry they might not allow me to enter on H1. In that case

1. Will there be a possibility that I can apply for a change of status to H4 as my husband is already in US on H1 ? Or
I need to leave the country from there it self ?

---- You cannot apply for a COS at the POE. The COS can only be applied after you enter US and in your case it is H1. Why would they not allow you to enter the US on H1 if you have all the documents with you and you have a genuine employment that you ca join. Carry the latest letter of appointment from your employer

2. If they allow me to apply for a change of status again can I change back my status to H1?

---- Yes

Since I am travelling with our 4month old baby we are very much worried. Please post your views on this.

---- You seem to unnecessarily worried without any cause as you are imagining and making up stories. Relax, travel with your baby to the US and once in US, think of further course of action and strategies

Subramanya

[satyanesh]

Thanks for the reply. We are thinking about the worst situation and also nowadays there is no guarantee that H1 holders will be allowed into US at POE.

If they don't allow me to enter will I be able to get a temporary visa(to make arrangements for my return) at POE ? During that temporary visa time will I be able to apply for a change of status ?
OR
Do I need to return back to India, apply for a change of status and then travel to US ? Please clarify.

Thanks so much.

[Subramanya]

Thanks for the reply. We are thinking about the worst situation and also nowadays there is no guarantee that H1 holders will be allowed into US at POE.

---- What do you mean by "No guarantee that H1 holders will be allowed into US at POE. Are you aware of anyone or just heard stories and rumors?

If they don't allow me to enter will I be able to get a temporary visa(to make arrangements for my return) at POE ? During that temporary visa time will I be able to apply for a change of status ?

---- If and when they do not permit you to enter US, there is no temporary visa and the POE is not authorized to issue any visa. Once again your imaginations are getting too much

OR
Do I need to return back to India, apply for a change of status and then travel to US ? Please clarify.

---- If you are not permitted to enter US, it will be recorded into the computr system and on your return to India, the VO will also be aware of the conditions of you not getting permission to enter US through the computer. If H1 is not allowed so will H4

---- I've exhausted avenues to say that your imagination is beyond belief

Subramanya