Can H4 kid stay in US after H1 travels to India

Hi,

Me and my wife have sperate H1B’s stamped till Sep 2025. Our daughter has her H4 stamped till Sep 2025 and is a derivative f my H1.

I am planning to travel back to India in the next week and I will most likely stay there for an year. However our daughter and wife will be staying back in US and I539 will be filed for our daughter to transfer her H4 to my wife’s, as soon as I leave US.

Now the question is if I travel back to India before I539 for my daughter is filed, will it be a problem? Will the kid be considered out of status for the duration between me moving out of US and her I539 being filed?

I suggest to file i539 online to make sure there are no issues later.