H4 visa holder( extension) Urgent

[h4h3]

Hello ,

My spouse work in well known company and his Prem is in audit .His 6th year on H1 is going to expire in oct 2013 .He went to India for 2 month to cover the time period as he started his green card process 2 months  past by  6th year. so he can qualify for extension process  But  family is staying in U.s. So my questions are  

 

1- will he qualify for H1 extension after coming back?

2-  Is it is important for family to go outside of U.s along with main applicant and need to stay out of country      same period of time as main applicant?

3- If it's ok for family to stay  in U.s while main applicant is outside of U.s and is it going  to effect extension  or create any problem in G c  process anyhow?

 

 Help is really appreciated

 

Thanks and regards

 

 

 

 

[Attorney_11]

The answer depends on facts not present in this post. Generally, time outside the United States by an H1B nonimmigrant does not count towards the 6 year limit on H1B time. Whether a dependent spouse and/or child accompanies the principal H1B out of the United States is not relevant to the recapture question. However, the presence of H-4 dependent in the United States while the principal H1B nonimmigrant is outside the United States presents a situation which requires analysis to determine whether there are other issues which must be considered. It is advisable to seek the counsel of a qualified immigration attorney.