H1B-H4 dependent status if on sabbatical

nainaagarwal

By nainaagarwal,
in H1B : General

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nainaagarwal Newbie

nainaagarwal

Posted
Posted

Hello,

I’m on H1B since 2012 and my husband is on H4 as a spouse dependent. Here are some of my questions:

  1. Can I take a 4month vacation on H1B?
  2. During that 4month vacation, if my husband has H4 approved, can he stay in the country while I’m away on an extended vacation?
  3. Will my H1B still be valid even though I have not stayed in US for over 4months?
  4. If my employer is not required to run my payroll during the 4months, does it mean I lose my H1B status?
  5. Can I come back if I don’t have a project but have a H1 stamped?
  6. Will I have any issue at the port of entry?
  7. Does it have to be a medical leave or can I go for a 4month sabbatical?
  8. Will I need a client letter when I land in the US?
  9. Can my employer continue my GC process while I’m not in the country for 4months?
  10. If my husband gets his H4EAD before I leave for India, can he continue to work on H4 EAD while I’m in India on 4month vacation?

Thanks

Naina

jairichi Advanced Member

jairichi

Posted
Posted

1. Yes, provided you will be paid during that vacation if you are going to be in US.

2. Since you are going to be outside US for extended time H4 dependents have to exit along with you.

3. Yes, as long as employer does not revoke H1B petition.

4. Only if you are in US an employer has to pay you to maintain status. If your vacation is outside US it is not mandatory for employer to pay you.

5. Risky.

6. Most probably.

7. Vacation outside US can be anything.

8. Yes.

9.  Yes.

10. Your husband cannot stay in US when you are outside US for an extended period of time. He needs to exit with you.

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