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H2B Visa - Frequently Asked Questions

14.

Can I extend my stay on H-2B visa?

Yes, you may apply for Extension of Stay on H-2B visa. The employer may apply for re-certification for an additional two years with one year extensions, but on each new application, the employer must justify the reason for the H-2B extension request. You may also extend by changing to a new employer who had completed the temporary labor certification.

15.

Can I change status on H-2B?

Yes, you may apply for change of status on H-2B visa. If you are changing the job or employer (like H-2B to H-2A), have your new employer file Form I-129, Petition for Nonimmigrant Worker at the USCIS Regional Service Center with jurisdiction over your residence.

Note: H-2B certification is issued to the employer, not the worker, is not transferable from one employer to another or from one worker to another. Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.

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16.

Can I study on H-2B visa?

Yes, you may study on H-2B visa. However, you may not join a full length program like an F-1. You may take up a few credits at a university when they do not harm the primary interest of your H-2B visa.

17.

Can I bring my dependents on H-2B visa?

Yes, you may bring your dependents while on H-2B visa. Your spouse and unmarried children are entitled to an H-4 visa and they may stay as long as you have a valid H-2B status.

18.

Can my dependents work on H-4 visa?

No, they may not work on H-4 dependent visa. They have to apply for appropriate Work Visa.

19.

Can my dependents study on H-4 visa?

Yes, they may study on H-4 visa. They do not have to apply for separate F-1 student visa. They may study on the same dependent H-4 visa.

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