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Hi,

My wife is on H4 in the US as a dependent on my H1B. We applied for H1B and got information from the consultancy that it is picked up in lottery which means she can start working on H1 from 1st Oct 2016. However due to health issues, she wont be able to work for sometime now.

I have applied for my H1/H4 extension through my employer. Current H1 petition expires on 16th Aug 2016.

Based on the scenario, I have the below two questions.

1) Can she stay in the US on H4 beyond 1st Oct 2016, if I wish not to start her payroll and what happens to the H1 status.

2) Incase she travels to India to spend few months with family can she get a H4 stamping and return to US post Oct 2016.

Thanks,
asked in H1B Visa by (160 points)
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1 Answer

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Do you know if her H-1 was applied w/ COS or consular processing?

Your situation is little tricky as you would want her COS to be abandoned but not her EOS (Extension of Status for her H-4).

1. She can continue to stay on H-4 as long as her H-1 COS doesn't go into effect but she receives H-4 extension.

2. She can appear for H-4 visa stamping even if her H-1 is approved. However, your H-1 needs to have been approved by the time she appears.
answered by (285k points)



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