Can H4 return to USA while H1B is still in INDIA

USA H1B
1

Hello Anil,

Myself (H1B) and My wife (H4) have traveled to India for visa stamping. Intiially we both are supposed to return to US by end of December. However, I got some personal work and I’m planning to extend my trip for another couple of weeks.

Question - With a valid H4 stamp can my wife return to USA Alone along with our daughter [US citizen] . Is there any rule that H4 cannot enter USA when H1B is out of USA/Still in India. Could you please advice.

Thank you.

2

Usually, they do not create any issues at the port of entry.

But, if the officer has suspicion on the H1B’s job, they can deny entry.

3

Thank you for quick response Anil.