H4 dependent's travel to US ahead of H1 primary after visa (re) stamping

[rajaram119]

While on vacation, we got our H1B (mine) and H4 (wife + son) visas re-stamped.

Can H4 dependents travel back to US ahead of the H1B primary applicant after a stamping (renewal/re-stamping)?

I've asked this to my company's attorneys for an official answer, but would appreciate if someone with prior experience/knowledge can share it here.

Thanks

[shervin143]

There is no H4 without H1B. When you (primary H1b holder) is not in U.S, you are no longer in H1B status. When you are not in H1B status, your dependents cannot be in H4 status. It is risky to enter U.S in H4 status when the primary H1B holder is outside U.S. The officer at the POE may overlook the fact that you are outside U.S. But if they figure that out, it can lead to unnecessary questioning and complications.