Can H4 spouse travel from India to USA if the primary H1B holder is laid off ?

[stuckonh1b]

Can H4 spouse travel from India to USA if the primary H1B holder is laid off and is currently on the 60 day grace period?

If the primary is laid off with no severance pay, the 60 day grace period starts immediately. In such cases, if the spouse is in India can she travel to USA ?

It is my understanding that if the employment is terminated, the grace period serves only to help the person (H1B Primary) either file for a transfer or wrap up and go back. I am uable to locate any documentation that says whether H4 can enter the country in such conditions or not.

TIA.

[Seekor]

Yes, but this is risky.

• Does the H-4 spouse already have a valid H-4 visa stamp in the passport?
• Is returning to the U.S. at this time essential for the H-4 spouse?
• Does the H-1B worker have another H-1B job lined up in the U.S., in which case a change of employer petition will be filed within the grace period? The timely filed COE petition would provide evidence of continuous maintenance of H-1B status. If the H-4 spouse can wait outside the U.S., it would be safer to wait for the COE petition to be filed, since the H-4 status is based entirely on the H-1B status.

In general, both the layed off H-1B worker and any H-4 dependents are considered as having maintained status during the 60-day grace period. But the grace period is a discretionary provision. This means an officer technically can exercise his/her discretion *not* to honor the grace period if there is some kind of incredibly compelling reason to do so.

You may wish to read this info: https://www.uscis.gov/working-in-the...-of-employment

[Posiuda]

Can H4 spouse travel from India to USA if the primary H1B holder is laid off and is currently on the 60 day grace period?

shell shockers

If the primary is laid off with no severance pay, the 60 day grace period starts immediately. In such cases, if the spouse is in India can she travel to USA ?

It is my understanding that if the employment is terminated, the grace period serves only to help the person (H1B Primary) either file for a transfer or wrap up and go back. I am uable to locate any documentation that says whether H4 can enter the country in such conditions or not.

TIA.

This is completely possible

[MathewTamra]

Unfortunately, your understanding is correct. As an H4 dependent visa holder, your status is tied to the primary H-1B visa holder's employment. When the primary H-1B holder loses their job and enters the 60-day grace period, the H-4 visa becomes invalid for international travel. Entering the US during this grace period would be considered entering without status, which could have serious consequences, including denial of entry, future visa ineligibility, and even removal proceedings.

Here's a breakdown of the situation:

• H-1B grace period: This 60-day period allows the H-1B holder to legally stay in the US and either find new employment within the same H-1B category or depart the country.
• H-4 visa dependency: The H-4 visa's validity is directly linked to the primary H-1B visa's validity. Once the H-1B employment terminates, the H-4 visa becomes invalid.
• International travel during grace period: Traveling outside the US during the grace period terminates the grace period for both the H-1B holder and the H-4 dependent.

Therefore, it's highly recommended for the H-4 spouse to remain in India until the primary H-1B holder secures new employment or the grace period ends.

Here are some resources that you might find helpful:

• USCIS Policy Alert: Termination of Employment and Nonimmigrant Status
• Fragomen: H-1B Visa Layoffs and the 60-Day Grace Period

Remember, consulting with an immigration attorney specializing in employment-based visas online is always the best course of action to get personalized advice based on your specific situation.

[Shylie]

Can H4 spouse travel from India to USA if the primary H1B holder is laid off and is currently on the 60 day grace period?

If the primary is laid off with no severance pay, the 60 day grace period starts immediately. In such cases, if the spouse is in India can she travel to USA ?

It is my understanding that if the employment is terminated, the grace period serves only to help the person (H1B Primary) either file for a transfer or wrap up and go back. I am uable to locate any documentation that says whether H4 can enter the country in such conditions or not.

TIA.

Seek clarification from immigration authorities or legal experts regarding H4 visa entry conditions during H1B termination situations for accurate guidance.

[Tauma]

Seek clarification from immigration authorities or legal experts regarding H4 visa entry conditions during H1B termination situations for accurate guidance.

Ensure to consult immigration officials or legal advisors for precise guidance on H4 visa terms post H1B termination.PM KISAN