H4 while H1 is on vacation out of USA!

[reapit]

Hi,

I need urgent help on this.

I have to go to India on a personal visit (vacation) and will require stamping.My wife (currently on H4) is planning to stay back in USA while I am away for 3 weeks.

Can she legally stay in US while I (H1 holder) am away ? Also can that cause any issue for me during stamping???

pls advise

Thanks!

 

[pd_2004]

While I am not an expert on these issues, I dont see any reason why it should be a problem. As long as you have all your papers correct, and as long as you are planning on coming back to the US, and the I-94 expiry for you and your wife is still valid when she is here alone, I think it should be ok. Just make sure you have a good convincing reason if you have to answer during your visa interview, if any question on why your wife didnt accompany you or something like that comes up.
PD