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  • About H4-Dependent

    Dear All,
    I am a new member to this site and am very much impressed by the solutions provided by the members of this forum.

    Currently I am in US on H1B (Valid till 2010) with my wife on H4( Visa Valid till 2010).I am planning to go back to India for ever (booked a one way ticket only).
    Is it possible that my wife,who is on H4 visa , can stay in US for 1 more month(I will be flying in May'09 and she is planning to fly to India in June '09).
    Request the members to let me know whether it is possible for a H4 dependent to stay for 1 month without the H1B candidate.

    Thanks a millions in advance...

  • #2
    About H4-Dependent

    I am not that much of expert in this matter. But as per me, it is possible until you are not applying to cancel your h1 and her h4 not getting expired.

    Comment


    • #3
      Dear All,
      I am a new member to this site and am very much impressed by the solutions provided by the members of this forum.

      Currently I am in US on H1B (Valid till 2010) with my wife on H4( Visa Valid till 2010).I am planning to go back to India for ever (booked a one way ticket only).
      Is it possible that my wife,who is on H4 visa , can stay in US for 1 more month(I will be flying in May'09 and she is planning to fly to India in June '09).
      Request the members to let me know whether it is possible for a H4 dependent to stay for 1 month without the H1B candidate.

      Thanks a millions in advance...

      --- Considering you are leaving the US for good, you would have provided your employer a last date of employment. This last date is the date that you should be leaving the US (unless you have applied for a transfer, which in your case does not apply).

      Hence your wife is also required to leave the same day as you and I believe the visa stamp and I-94 will (probably) hold no more significance if you have decided to quit your position and move back to India for good.

      So, in a nutshell, both the primary H1B holder and dependent H4 holder must technically leave the US together on the last date of your employment.

      Seniors, please correct if there is an error.

      Rajesh

      Comment


      • #4
        Agree with arajesh. Unless the absence of the H1b is temporary on a vacation and intends to returrn to US to assume the duties again, H4 has to leave along with the H1b.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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