Can dependents stay in US while Primary H1B out of US for 2 months:

[panantha]

Both the Primary H1B(Visa stamped) and dependents have valid visa approval till April 2013.
However the primary has to travel to different country - UK, for 2 months for the same project implementation there also. Note I still work with the same company, which is a MNC.
Questions:
1) While I'm out can my dependents stay in US ?
2) Since I have moved to UK, officially my pay stub would be generated from my UK branch of my company as work from there. any issue?
3) And I have the intend to return back to US, as its for the short deputation.

[raghvi]

Both the Primary H1B(Visa stamped) and dependents have valid visa approval till April 2013.
However the primary has to travel to different country - UK, for 2 months for the same project implementation there also. Note I still work with the same company, which is a MNC.
Questions:
1) While I'm out can my dependents stay in US ?
2) Since I have moved to UK, officially my pay stub would be generated from my UK branch of my company as work from there. any issue?
3) And I have the intend to return back to US, as its for the short deputation.

Once you are outside US you do not hold any Status. Having dependents stay in US for a month or so during this time is fine but 2 Months is stretching it a bit.
Do discuss the same with your HR and get consent of the legal department of your company before proceeding.

This is my opinion not legal advice.

[kabkaba]

The above is correct.
I also see a problem in not getting paid in the US. That can make your dependents out of status.

[panantha]

There is plan to generate dual payroll both US and UK as well , will it work? if yes, can my current salary split across US and UK ?

[raghvi]

The point is not only about salary and payroll generation. Your spouse and dependents need to be legal and in a valid status while in US. Same is true for every person who comes to US for a temporary purpose. Since you are not in status (as you would be outside), technically your dependents are also out of status during that period. For short duration one can always convince due to work related travel but long periods outside US would certainly raise eyebrows as it will question the need for you to have the H1 in first place. Also, one can always argue that if you can do the the job that you will be doing for US company while being outside US, why do you need a US visa to enter the US to do the same job.

This is my opinion not legal advice.

[panantha]

I think my point is mistaken here. As I said initially, mine is global project and MNC company, so just for short duration I need to be out of US, with the condition I don't want dependents to come along with me, for personal reason. So I'm trying to find a better options to make this work. And I understand your point too. Thanks