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    Hi,
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him understandable but no use. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!

    Kav

  • #2
    He can stay only when you are outside on short trip with intention of returning in H1 status. If he does not leave it is his responsibility.
    This is my opinion and not legal advice.

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    • #3
      There is no H4 when H1B candidate is not in status. His stay will become illegal / out of status on H4 and it will harm his chances of retuning back to U.S in the future. He can find an employer who can sponsor an H1B and apply for a COS from H4 to H1B using the premium process if he would like to stay.

      Originally posted by 55kav12 View Post
      Hi,
      Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him understandable but no use. Can I travel alone without him ? what will be the problem in future for visa? please advise.

      Thank you!

      Kav
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Thank you for all your support in this situation.If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If USCIS receives any application about visa transfer.then How can I know that ? Presently he is on my dependent visa and I don't want my visa and my documents used by them at all. What should I do now ? After that they can do anything with me. Please help. Thanks!

        Comment


        • #5
          Can you please respond ?

          Thank you.

          Comment


          • #6
            I am not sure what you are trying to ask. For your husband to go for a COS from H1B to H4, both of you should be in respective H1B and H4 status. If either one of you are out of status or illegal, then a COS to any other status is not possible from within the country. So if your husband wants to go for a COS from H4 to H1B, then that has to be done while you are in U.S, working and getting paid.

            Your documents are not required for his change of status.


            Originally posted by 55kav12 View Post
            Can you please respond ?

            Thank you.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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