h1b cool off period and h4 ead


pshrini

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My wife completed her 6 years on h1b on sept 2018 and currently in India for the cool off period.

If my wife visit me , for a month on h4  before sept 2019, 

   She has to stay outside USA for 1 more month( the duration of visit) so say Oct 2019 to complete her cool off period.

Is my understanding right ?

 

 

While she is here , she can apply for h4 EAD and travel back once she receives the receipt notice ?

Her H4 EAD would be approved even though she is not in USA anymore.

Is my assumption right ?

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She could only visit on B2.
The law says that she has to stay abroad got at least a year. The law also says that brief trips as visitor (I.e., B1/2) do not reset the year abroad, but just interrupt it. The law does not say the same about visits on other visas, so a visit on H4 likely will reset the time to zero.

 

 

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