Can an H-4 stay in the U.S. legally when the H-1 takes a short-term employment outside U.S., but has valid H-1?


This is potentially dangerous territory. The H-4 does not have to leave the U.S. each time the H-1 travels abroad for routine personal and business reasons. However, in order for the H-4 to be in status, the H-1 must also be in status, complying with the terms of the H1B employment. Thus, the answer depends upon whether the H-1 spouse is still working for the H-1 employer, in the H1B job, and just traveling abroad for some aspect of that job OR whether the H-1 spouse has accepted new employment abroad, not connected to the H-1 job. The H-4 cannot just be “parked” in the U.S. if the H-1 doesn’t have the H-1 job. (23.Dec.2013)

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