H4 still working in the EU and visiting the US

[ricleal]

Hello all,

This is my first post and I haven't found any info about my issue...

My wife and I just got respectively ours H4 and H1b.
I will move to the US soon, but my wife is still working in Europe and will move to the US in 6 months.
In the meantime if she wants to come to the US to visit me, shall she use the H4 or get a Visa Waiver?
Note that she is still working in Europe while visiting me...

Thanks in advance for your reply.

[ricleal]

Bringing up my post...

[raghvi]

Hello all,

This is my first post and I haven't found any info about my issue...

My wife and I just got respectively ours H4 and H1b.
I will move to the US soon, but my wife is still working in Europe and will move to the US in 6 months.
In the meantime if she wants to come to the US to visit me, shall she use the H4 or get a Visa Waiver?
Note that she is still working in Europe while visiting me...

Thanks in advance for your reply.

Is she planning to work for her European employer from US while in US? Or she will be on leave while in US?

She cannot work on US soil with either Visa Waiver or H4. As she cannot work, it makes sense to come on H4 as it allows more than 90 days stay.

This is my opinion not legal advice.

[ricleal]

Is she planning to work for her European employer from US while in US? Or she will be on leave while in US?
She cannot work on US soil with either Visa Waiver or H4. As she cannot work, it makes sense to come on H4 as it allows more than 90 days stay.

Thanks for the reply.

I just learnt if she applies for visa waiver she loses the H4...

She has an H4 visa issued in her passport.
However, she will be working in Europe (European employer) till March 2015. She will be on leave (holidays) if she travels to the US between now and March 2015.

I just read somewhere that an H4 can not work in the US soil. She will be on holiday though, but she has an EU employer and of course revenues... I wonder if whether or not this considered work in US soil?

I'm afraid she might be violating the H4 conditions...

[raghvi]

Why not use the H4 and be done away with all the tension?

This is my opinion not legal advice.