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H4 travel to US while H1 is under AP

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  • H4 travel to US while H1 is under AP

    I have been stuck in India for four months now under Administrative processing for my H1 visa. My wife and Kid are still back in US. My daughter is US citizen while my wife's h4 visa is valid till 2014. I am planning on bringing my wife over to India for a month. After a month, if she has to go back alone to US, would she have any problem at POE. I may or may not have a job b the time she goes back. How does m job affect her visa status and for her port of entry.
    Please advise.

  • #2
    Your wife is allowed to stay in the US only with the assumption that you are outside and intend to return in H1 status. She has no status without you being in H1 status. So if she leaves the US, she won't be able to return without you.
    This is my opinion and not legal advice.

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    • #3
      There is no H4 status without the H1B holder being in valid H1B status. The minute you left U.S, you are no longer in H1B status and so does your dependents in H4. Only short trips by the H1B status holder are allowed outside the country without the dependents. Any of your dependents (the ones that are in H4 status) in U.S now are considered out of status on H4. It is advisable that you ask them to leave the country and return back with you.
      Not a legal advice. Use of this information is strictly at your own risk.

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