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

UPDATED: Sep 30, 2022

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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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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