H1b out of USA, dependents(H4s) out of status?

[wiweq]

Hi experts,

I was asked a question from someone, and I had no answer. This is the problem scenario:

John is on H1b status and his wife Tina is on H4 status. John went to India for one month leaving her wife in USA. Now, the supporting H1b for Tina's H4 has no existence in USA. Will Tina be counted out of status for the time John is out of USA?

Thank.

[livliv]

If John is outside the US only for a short time and intending to return in H1 status, the dependents are allowed to stay in the US.

[JoeF]

As far as I know, for the dependents on H4, brief absences of the H1 person are ok, as long as the person is still employed by the employer who filed the H1 for him.

[pontevecchio]

It depends on whether J has gone away permanently or for a short term finite vacation. A very broad question.

[wiweq]

Thanks all for replies.