Dependent on H4 without H1

[viswanathan.ts]

Hi - I might have to travel back to india for a period of 2-3 months due to project purposes. I have a valid H1 visa as well as my dependents have it till oct 18. Can i travel to india alone and change the project and come back and leave the dependents here for a period of 2-3 months? is there any legal implication that i need to take care of ?

[raghvi]

Hi - I might have to travel back to india for a period of 2-3 months due to project purposes. I have a valid H1 visa as well as my dependents have it till oct 18. Can i travel to india alone and change the project and come back and leave the dependents here for a period of 2-3 months? is there any legal implication that i need to take care of ?

Technically it is not allowed. In order for your dependents to be on valid H4 you should be maintaining valid H1. Whats the guarantee that you will be back within 2-3 Months? Is your employer willign to give an undertaking?

This is my opinion not legal advice.