Can my spouse continue to work on H-4 EAD while I’m out of country for 2 months?


This can be a tricky situation. A government memo from some years ago said that a principal nonimmigrant (such as an H1B spouse) could not depart the U.S. leaving behind a “parked” dependent (such as an H-4 spouse). If the H1B is traveling outside the U.S. temporarily for work-related reasons and remains employed by the H1B petitioner, however, the memo indicates that it is permissible for the dependent family members to remain in the U.S. during this time. The memo does not provide any specific timeframes for this, but if the H1B has departed on a more permanent basis, this could have status implications for the H-4. (03.Oct.2016)

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