Can dependent H4 stay in US when I go to India?

[vikramg]

Hi,
I am on H1B, I got it stamped before it was renewed. My H1B was renewed last year. So now if I go to India, I will have to get it stamped before I can return. Even my wife did not get her new H4 stamped.

My question is, I might have to go to India in the next month on urgent business. Can I leave my wife in the US? Or does she have to accompany me compulsorily to the consulate for interview?

[shervin143]

Short visits by the H1B holder outside U.S without the dependents are allowed. If you get stuck there while applying for a visa or if you cannot return back within a short period (2-3 weeks or so), then you should ask your dependents to leave the country as there is no H4 without the primary H1B holder maintaining the H1B status.

[vikramg]

Thanks Shervin.

So can I make an appointment with the consulate without my wife? Will I be questioned about not bringing my dependent along?
Is it not necessary to take all the dependents with you for the interview with the consulate, when she is on the same visa as me?
Is it legal to leave her in the country when I am not there.

[shervin143]

So can I make an appointment with the consulate without my wife?
>>> Yes.

Will I be questioned about not bringing my dependent along?
>>> No. If asked explain the reason. It will not be an issue.

Is it not necessary to take all the dependents with you for the interview with the consulate, when she is on the same visa as me?
>>> Not required.

Is it legal to leave her in the country when I am not there.
>>> Read the previous reply.