Can H4 Dependent Stay in USA while H1 goes for Vacation for 3 to 4 weeks

[GC81]

Need some guidance on travel.

I filed my H1, H4, H4 EAD together. H1 applied in premium and got approved for 3 years.

H4 EAD and H4 still extension in progress.

Current H4 I94 and Visa valid till June-18-2022. 

Question : 

Though H4 extension in progress, current H4 I94 and Visa  is valid till June-18-2022.

In this Scenario can H1 travel to India for vacation, get stamped and comeback leaving the H4 dependents in USA. is this allowed?  Vacation planned for 3 to 4 weeks, giving time for Visa stamping and get the passport back.

 

Response will be much helpful to plan the travel.

 

[JoeF]

Technically, dependents can not stay when the primary person on H1 is abroad. Generally, there is no issue if the primary goes on a simple vacation.

But your case is not a simple vacation. You need to get a new visa stamp. This means that your return to the US is not guaranteed. The visa stamp could be denied or delayed. Your dependents would need to travel with you in this case to avoid issues.