Can a person on H4 visa stay in this country if primary visa holder need to go back to home country for 3 months

I am on H1 Visa with a company A and my spouse is staying with me on H4 visa. Both our visa are already in extension and awaiting for approval. However in the mean time due to office urgency, my company has asked me to travel to my home country for around 3 months. Since it was too short notice I wanted my spouse to stay here till I come back as it is just for 3 months.
My concern is, Is it acceptable as per legal terms for my spouse to stay here whereas I will be back to my home country and will be travelling to US again with in 3 months.

Asked on March 16, 2017 under Immigration Law, New Jersey

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is fine for the spouse to remain in the US in H-4 status while the primary visa holder travels as long as he maintains his H-1B when he is in the US and continues working for the H-1B employer.


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