H4 Query

[abhishekawana]

I and my wife are on H1B and H4 visas respectively.

My company wants me to go back to India but I want my to stay here for another year or so. I-94 for both of us is valid till Sept 2008.

Please advise will my wife's visa will be valid even if I'm in India?

[ramkumarkoditala]

I and my wife are on H1B and H4 visas respectively.

My company wants me to go back to India but I want my to stay here for another year or so. I-94 for both of us is valid till Sept 2008.

Please advise will my wife's visa will be valid even if I'm in India?

She can stay as long as her I-94 is valid, (hope ur comp is not going to cancel your visa after sending u back to India)
HTH
RK

[knowledgeable]

h1 & h4

if you're going to india for one year for the same company's work, in other words, if you're deputed to india for work, then your wife should be able to stay back here on h4

also, if you're going to india for an emergency like family sickness which mandates your presence, then also this applies

however, if you're going to india for a completely different purpose, like a holiday or another business/job, then technically your wife's h4 cannot hold water

pls do re-check with your attorney

[abhishekawana]

I will be working for the Indian subsidiary of the same company for which I'm working for in US. Will that be considered as deputation? I was working with the Indian subsidiary initially and then I was sent to US at the client site . Please let me know.