Can H4 alone stay here !!

[Kandiyaar]

Hi ,

am on H1 and my wife is on H4.

currently our visas are expired and we have applied for extension , i hope to get the extension by end of Dec.

my project is ending this month end , but am not sure whether i may get relocated inside US or go back India.

if i am relocated inside US i have no issues .

but if i have to go to India , i want to leave my wife in my cousin place at San Diego.

is this OK if i leave my dependent here and go to India , she also has visiting visa until 2018 .

if yes , will she get insurance as she is pregnant , please help.

Thanks in advance ,

Ash

[raghvi]

Hi ,

am on H1 and my wife is on H4.

currently our visas are expired and we have applied for extension , i hope to get the extension by end of Dec.

my project is ending this month end , but am not sure whether i may get relocated inside US or go back India.

if i am relocated inside US i have no issues .

but if i have to go to India , i want to leave my wife in my cousin place at San Diego.

is this OK if i leave my dependent here and go to India , she also has visiting visa until 2018 .

if yes , will she get insurance as she is pregnant , please help.

Thanks in advance ,

Ash

Technically your spouse is not on H4 status if you are not on H1 status. Short stays are fine but if you are looking to stay just for delivery then it would not generally be acceptable. Generally USCIS looks at very valid reasons such as break in education etc for allowing the dependent to continue staying in US when the primary visa holder is not in US. That too USCIS would look at evidence that the primary visa holder would be back.

Also, I dont think it will be easy to get insurance coverage for a planned pregnancy like this.

Recommended to talk to a lawyer before deciding on this.

This is my opinion not legal advice.

[Kandiyaar]

Hi Raghvi ,

Thanks for your response ,

I will go to india with my spouse if i am not able to find a project here ,

another questions is , if i go to india when my visa extension is on process ,

will cause any problem from the visa point ,

will i be able to come back .

please help , thanks in advance .

Regards,
Ash

[raghvi]

Hi Raghvi ,

Thanks for your response ,

I will go to india with my spouse if i am not able to find a project here ,

another questions is , if i go to india when my visa extension is on process ,

will cause any problem from the visa point ,

will i be able to come back .

please help , thanks in advance .

Regards,
Ash

As your visas have expired you would need to go for a new visa stamping. As long as you have an employer and project/client available, you should not have any problem getting a new visa.

This is my opinion not legal advice.