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H4 visa POE

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  • H4 visa POE

    My wife got a 221(g) green slip on her H1B interview. We submitted the mentioned documents. After waiting for a month, we applied for H4 visa based on my H1B. She got the H4 visa stamp. Her company suggested that she take a LOA( Leave of absence)/ unpaid leave since she has to return her laptop, badges, etc..after coming back to US. My question is

    1) Is she allowed to be on LOA/ unpaid leave on H4 status
    2) If at the port of entry, the officer asks has she resigned from previous company, would it be ok to say she is on LOA with no intent to work further?

    Please advice

    Thanks

  • #2
    1) Is she allowed to be on LOA/ unpaid leave on H4 status
    >>> Yes. She cannot work and get paid when she is in H4. Whether to take unpaid off or quit the job is a civil matter between her and her employer.

    2) If at the port of entry, the officer asks has she resigned from previous company, would it be ok to say she is on LOA with no intent to work further?
    >>> They wouldn't ask any such question. If asked, she has to be clear that she understands that she cannot work in H4 status.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks shervin for the answers

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