Urgent: Retuning to India

[D111]

Hi
Due to personal reasons, i will be returning to India permanently after resigning from my job (i am on H1).

However my wife(on H4) wants to stay back in US to complete her part-time education.

1. How can i go about doing this? Can she stay behind on her h4 or will it be cancelled as soon as i leave? will she be out of status?

2. Can she get into trouble for this? That is, if someone reports to Police or INS?

Thanks

 

[jaxen]

risk!

Your h1 is valid as long as your employer does not withdraw or cancel it. But yes she runs a risk because her being here is entirely dependent upon your valid status. Without your paystubs you are out of status and so is she.

Only option is to apply for F1.