Q: Is it okay for H4 (dependent) to stay if his new H1-B (valid from Oct,15) is approved but Primary has to leave US?
Hi,
I am on a H1B visa, valid untill end of 2018. Since my project in US is getting over this month end, I have been assigned a new project which is in Canada from next month onwards.
Now the situation is, we had applied H1B visa this year in April'15, for my wife who is currently on H4 visa.
Her H1B visa petition is approved wef 1st Oct'15.
The question is : Can she stay here for 3 months without me in US legally as she has an approved H1B and a valid H4 visa too?
Note:
My H1B visa is not revoked by my employer & the project is only for 8 months and then I would be back in US.
The payroll will be run in Canada and the employment in US will end.
Thanks!
A: LEGALLY, she will accrue unlawful presence since you will not be working for the H-1B employer. However, since it is less than 6 months of unlawful presence, if she departs she will not trigger the 3 -year bar. It is never good to accrue unlawful presence.
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