221g Mumbai - Family is in USA

[StarLeo]

Guys,

I have an H1B working in US, Two months ago I came to India on emergency visit, went for stamping and got 221g and submitted the required documents to VFS and waiting for reply from consulate.

My Wife and kids are still in US. I heard from many forum post that once H1B holder left USA he is not in status, but in this case my family is still in USA. My wife and kids I-94 and H4 is valid till Sept 2012.

So just wanted to know what is status of my family in US. Can they stay there until Sept 2012. I am still working with same company from India.

Thanks,
Leo

[shervin143]

Unfortunately NOT. There is no H4 without H1B being in status. Even if you workk for the same company, if you are in in U.S, then you are no longer in H1B status. Only short visits (couple of weeks perhaps) by the H1B holder outside U.S without the dependents are allowed. In your case, if you don't get the 221g cleared within 2 weeks or so, then it is advisable to get your dependents out of U.S. Otherwise, they will be considered out of status on H4.