Question regarding residency status

[jackLavish]

Hi,

My wife is currently on H4 and has applied for her Masters to a few universities here. She came to the US in Jul 2004 and will be eligible for in-state tuition as she will be completing a year in Jul 2005. My question is, can she visit India before Jul 2005? Will that be a problem in terms of her completing a year of residing here?
Also my H1-B expires in Dec 2005. Until when can she stay in India without having any problems in terms of coming back?

Thanks.

 

[TheRealCanadian]

My question is, can she visit India before Jul 2005? Will that be a problem in terms of her completing a year of residing here?

If she visits there, then probably no. However, this is not an immigration question - it's up to each University to determine what they consider residence to be.

Also my H1-B expires in Dec 2005. Until when can she stay in India without having any problems in terms of coming back?

She can stay until your H-1B expires or you lose your H-1B status, whichever comes first. Again, this may adversely affect her residence in the eyes of the universities.

 

[jackLavish]

Thanks TRC

"She can stay until your H-1B expires or you lose your H-1B status, whichever comes first. Again, this may adversely affect her residence in the eyes of the universities."

What I meant was:

Is it a problem returing back on H4 if on the date of re-entry in the US, the H4 visa is due to expire within the next 2 or 3 months?