H4 Visa - US vacation, Employed in India. Attending training in US while on H-4

[geekhead83]

So we have a person A who is employed in India. Her husband is on an H-1B in the US. This person 'A' has traveled to the US for 45 days on a vacation, but instead of a B-1 visa, obtained an H-4 visa since her husband wanted it that way.
A is planning to come back from the US to continue working with the Indian company after this vacation.

Now, can A attend a training of 2 weeks provided by the US-based parent company of the Indian company? It will be an informal 1-on-1 training and not a conference of any type.

Coming back and getting a B-1 may not work since there is a good chance it might get rejected and A does not want an H-4 cancellation which she fears might impact her husband's H-1 which is due for renewal in 3-4 months time.

What options does 'A' have if she is to attend this 'training'? Can it be passed off as a visit or would that be illegal?


Any help would be appreciated.

[geekhead83]

Any response anyone?

[vinniemak]

Any response anyone?

Here is my response (i.e 2 cents)...take it with a grain of salt:

> I believe, as long as she is not getting compensated for attending the training, it should be okay. Where is USCIS going to go after everyone that is in the U.S figuring out who's doing what?? If that was the case, you'd have to ask them - hey is it okay to shop at Macy's or do you only want me to shop at Walmart...

> As long as she has a valid visa, she entered the country legally, attending a training that she's not getting paid for, should be okay. If however, she is getting paid, would have to fill out a W-9 with a social security number and that would be a red flag, but if not, I don't see that to be a problem.

Good luck and let us know how you make out.

[geekhead83]

Here is my response (i.e 2 cents)...take it with a grain of salt:

> I believe, as long as she is not getting compensated for attending the training, it should be okay. Where is USCIS going to go after everyone that is in the U.S figuring out who's doing what?? If that was the case, you'd have to ask them - hey is it okay to shop at Macy's or do you only want me to shop at Walmart...

> As long as she has a valid visa, she entered the country legally, attending a training that she's not getting paid for, should be okay. If however, she is getting paid, would have to fill out a W-9 with a social security number and that would be a red flag, but if not, I don't see that to be a problem.

Good luck and let us know how you make out.

Thanks for responding. My issue with it really is "It is OK" vs "It is legal". If it is not legal, I dont want to risk my company getting in trouble even if it were ok. Initially I felt it was ok too, but the more I thought about it, the more I realized that in case things go south (even if there is like a 1% chance of it), the company is going to get into trouble.