Wife F1 to H4 COS pending, is it safe for me to travel?

[master123]

I have my H1B petition approved in September '15. My wife filed her F1 -> H4 change of status in October '15 which is still pending. I am planning to travel to India during February for around one month, while my wife is planning to stay in USA. My visa is expired, so I have to apply for a new visa. Since I work in the Biotech field, I would probably get a 221g and this may delay the visa processing for few weeks.

My question is:

Is it OK for my wife to stay at USA while I am travelling? Since, I have to apply for a visa at India and would undergo 221g would that complicate her situation here?

[shervin143]

Short trip by the primary H1B holder without the depends are allowed. But if your visa goes into 221g, then your wife should leave the country. Because, there is no H4 without H1B. If yuor H1B visa goes into 221g, then there is no guarantee that it will get approved and also it may take time to get a decision. So yur spouse should not stay in U.S for a long period which will make her go out of status.