H4 staying in USA while H1 is travelling to India for short vacation


Hi Team, hope you are doing good.

Firstly appreciate your time and dedication in trying responding to ppl’s questions and giving them clarity on the situtuons.

Query :-

I am on H1 and my recent H1B amendment that i submitted for address change (FL to TX) is approved with the petition expiry date : March 2025.

My current US Visa is expired

Currently both me and wife (H4 along with EAD) are in the USA.

Wanted to get information on – if H4 can stay in the USA while H1 is travelling to India for short vacation/ visa stamping . (Drob box slot July 2023). Will still be working for US employer during this vacation…

So wanted to make sure is there anything specific to take care from legal / visa and immigration perspective.

Thanks a lot !! Appreciate your response in advance !!

@Kalpesh_Dalwadi @anil_am22

Yes, this is absolutely alright.

I am on H1b travelling India for 2 months and working for the same employer from there. My wife and kids are on H4.

  1. How long I can stay in India and maintain the H1b status / US payroll.
    2 can my wife continue working on H4 EAD.
  2. Is it ok to for the family to stay in US on H4 status?

This will really depend on your employer if they are okay to generate US payroll while you work from India. I would suggest discussing with your HR.

This should be okay.

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