H1B Visa Travel

[JY3684]

I've got a question for anyone who may have any guidance or information for me.

I have a Ukrainian girlfriend who has been living in the U.S. for almost 5 years.  She originally came over on a student Visa (her family is still in Ukraine) and she received a bachelor's degree from a state university last year.

She then obtained a H1B visa for employment in the U.S., which is good for 3 years providing she continues to meet the terms of that Visa.   She has been legally working here for 8 months since graduating from college.

She's very homesick and wants to visit her family for a few weeks and then return here.  It's no problem with her employer to take the time off.

My understanding is that if she does that, she will have to go back to Kiev for an interview at the embassy and it's very possible she could be denied re-entry to the U.S. even though she is working here legally.

Is anyone familiar with this?  I personally don't understand how the embassy can make arbitrary decisions on letting someone come back to the U.S. if they are already here legally.  I can't believe coming back is a total crapshoot if someone needs to return to their home country for a funeral, wedding, or just a visit.

Would it help to get a letter from my congressman and/or senator that she could present at her embassy interview that would help her case?  Is there anything else she can do to improve her chances of being allowed to return to the U.S.? 

 

 

 

[Leslie]

JY,

My experience on H1B visas is dated but I first came to live in USA on a H1B visa in the early 1990's.   If your girlfriend has a genuine H1B visa then it is multi-entry I.E. She can leave and return to the USA as often as she likes as long as the visa is valid.  She does not have to get another visa in Ukraine in order to return to the USA.

If she wants to live permanently in the USA then she should approach her employer to sponser her for a Green Card.  If she is a valued employee they may do this.  It is a long process (it took me 4+ years and the process is even slower now).

If on the other hand she has overstayed a student visa and is working illegally then she can leave the USA without problems.  She will find it VERY difficult to get another visa to the USA as she has broken the terms of her student visa. 

Very recently in UK we had a Ukrainian woman detained and deported.  She had been living in UK for 15 years.  Cambridge graduate.  High earner.  Did not make any difference.  Broke the terms of her student visa.....

 

[groovlstk]

A few years back I worked for a dot com, and we had many programmers imported from Poland, India, and Russia, all staying in the US on H1Bs. They never had a problem re-entering the US after a few weeks' vacation at home.