Can H4 dependent stay in US while H1B goes out of USA for temporary non-H1B employment?


(Vibhor) #1

My case:

  1. My spouse has valid H1B and I have valid H4 at this time.
  2. My husband (on H1B) is getting a lucrative short term (3 month) job offer from UK and would like to go and come back to US.
  3. During the time he is in UK, he would potentially not be working in USA.

Questions:

  1. Can me (H4 dependent) stay in US while he is working in UK?
  2. Will his H1B be affected if he goes to UK for 3 months? Can he come back and work on H1B after 3 months?

(Anil Gupta) #2

H4 dependent visa’s status is tied to H1B’s status.

Always remember that if primary H1B goes out-of-status, H4 also automatically goes out-of-status.

H1B status cannot be maintained if leaving for 6 months

If your spouse goes to UK for work after LEAVING his H1B job, he is effectively abandoning his H1B status and hence, your H4 status too.

  1. If he does not leave his H1B status i.e. the H1B job is still ON and he keeps getting paid for it and his payroll is ON while he is on temporary work in UK, he is all good with the legal status.
    Hence, your H4 status is also maintained.

  2. If he abandons his H1B status for those 3 months, all his H4 dependents should also leave the country with him to avoid accumulating out-of-status time in US.
    He and his dependents can off-course come back to US after the project in UK and re-start work on H1B, if the visa is still valid.

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