pshrini Posted December 7, 2018 Report Share Posted December 7, 2018 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 ? Link to comment
adshah84 Posted December 7, 2018 Report Share Posted December 7, 2018 She need to stay out of USA for complete year. She can not apply for H4 EAD as for that she needs valid H4 status and if she is in India she is not on H4 Status. Link to comment
JoeF Posted December 8, 2018 Report Share Posted December 8, 2018 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. Link to comment
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