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Stay in US in between visa change

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  • Stay in US in between visa change

    Hi

    I am currently on H1 and will be leaving job in June end. My wife who is on H4 got an offer and company will be applying for H1 in April.

    I will be out of US during summer and will come back on student visa. Is it possible for her to stay in US as her H4 will expire with my resignation but H1 will be starting in October?

    Thanks in advance

  • #2
    There is no H4 without an H1B. She will go out of status on H4 if you leave the country without her. Only very short trips outside the country by the primary H1B holder without the H4 dependents are allowed.
    Not a legal advice. Use of this information is strictly at your own risk.

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