H4 staying in U.S after H1 person leaves

[Markandan]

I have H1 visa valid till September 2009. Can my wife with H4 visa stay here after I leave U.S to work in India? Her visa is also valid till September 2009. Personal reason: To spend 2 months with her parents who are in the U.S
I understand that I have to purchase medical insurance for my wife since my company will not be covering it . I will be using Govt Schemes like COBRA through my vendor.

But is it legal for the H4 person to stay in U.S while the H1 has gone out after assignment completion. Please note that my H1 will be valid and with the same employer and is not getting expired until September 2009.

Additional note: Should I make it like a vacation?

Please advise. Any helpful link is also appreciated

 

[Triple Citizen]

You should still be on your company's payroll to ensure she has no issues staying in the US when you are out of the country.

Additional note: Should I make it like a vacation?

Please advise. Any helpful link is also appreciated

 

[Concerned4us]

She should apply for B2 since you are relocating outside the US even though your approval notice is still valid.