H4 STAY IN US WITHOUT H1 APPLICANT (due to 240 days approval pending)

[SUBASH SIVAKUMAR]

I'm on H1B visa and my spouse on H4 Visa currently staying in USA. My current H1-B extension is in progress with USCIS. I am edge of 240 days rule; I can't work after 240 days if my H1-B extension
is pending. 

I've planned to leave USA after 240th day and do work from India. In this scenario, Can I alone leave USA and my dependents (H4 Visa) remains stay in USA? My kids are going to school and I don't
want to break their education. 

I will again come back to US once my case (H1B Extn) gets approved.

Now my question is,

1) Can my spouse stay in US when I go back to INDIA and till the time I come back?

2) If Yes, then how many months she can be in US in this state if there is a delay in my return

3) Will it cause any problem in my stamping since my dependents are in USA without exiting the country like that? 

4) My dependents are in USA because of my H1B. If I'm not here, then their stay considered as legal? will it cause any problem on my stamping and approvals of H1-B extension?

[shekar11#]

On 12/21/2018 at 6:51 PM, SUBASH SIVAKUMAR said:

I'm on H1B visa and my spouse on H4 Visa currently staying in USA. My current H1-B extension is in progress with USCIS. I am edge of 240 days rule; I can't work after 240 days if my H1-B extension
is pending. 

I've planned to leave USA after 240th day and do work from India. In this scenario, Can I alone leave USA and my dependents (H4 Visa) remains stay in USA? My kids are going to school and I don't
want to break their education. 

I will again come back to US once my case (H1B Extn) gets approved.

Now my question is,

1) Can my spouse stay in US when I go back to INDIA and till the time I come back?

2) If Yes, then how many months she can be in US in this state if there is a delay in my return

3) Will it cause any problem in my stamping since my dependents are in USA without exiting the country like that? 

4) My dependents are in USA because of my H1B. If I'm not here, then their stay considered as legal? will it cause any problem on my stamping and approvals of H1-B extension?

You need to contact your employer's attorney to get the right answers.

[satya2k1]

On 12/21/2018 at 6:51 PM, SUBASH SIVAKUMAR said:

I'm on H1B visa and my spouse on H4 Visa currently staying in USA. My current H1-B extension is in progress with USCIS. I am edge of 240 days rule; I can't work after 240 days if my H1-B extension
is pending. 

I've planned to leave USA after 240th day and do work from India. In this scenario, Can I alone leave USA and my dependents (H4 Visa) remains stay in USA? My kids are going to school and I don't
want to break their education. 

I will again come back to US once my case (H1B Extn) gets approved.

Now my question is,

1) Can my spouse stay in US when I go back to INDIA and till the time I come back?

2) If Yes, then how many months she can be in US in this state if there is a delay in my return

3) Will it cause any problem in my stamping since my dependents are in USA without exiting the country like that? 

4) My dependents are in USA because of my H1B. If I'm not here, then their stay considered as legal? will it cause any problem on my stamping and approvals of H1-B extension?

Hi Subash,

If you are not in the USA, then you don't have a status abroad.  As you know, H4 is totally H1 dependent.. so if you don't have a status then there is no H4 status either.  If you are planning to leave the country, my recommendation is to take dependents with you, it is very unfortunate, or your dependents can apply for B2 status, but again your kids cannot attend school on B2 status.

1. No, your spouse will not have a status to stay in USA if primary H1 is not present in USA.

2. NO

3. potential problem

4. Refer to my explanation above.. if you are not living in USA then yoru H4 dependents will not have a status, and they will be accruing illegal stay status.

This is my personal opinion, you should discuss this with an attorney to get a better picture.

[yuga]

 a small change in my situation. my husband has valid H1b status and.i hv valid H4 -EAD  till 2025. and my husband wants to travel out of US for a year on his work. can i still stay at USA with my kids till our visa expires?  please answer my query

[newacct]

11 hours ago, yuga said:

 a small change in my situation. my husband has valid H1b status and.i hv valid H4 -EAD  till 2025. and my husband wants to travel out of US for a year on his work. can i still stay at USA with my kids till our visa expires?  please answer my query

This is an old thread. Start your own thread for your own question. But no, you cannot stay in the US on H4 if your husband is not in the US in H1b status.