Can H4 - dependent visa holder stay outside US for more than 5-6 months?: I am on H1B visa where my foreign labor application gateway was filed in June 2025. My wife, who is on H4 visa left the United States on Oct 21st, 2025. She plans to come back to the US on Feb 2026. She has valid H4 visa stamped in her passport. Please suggest if she can return after 6 months of stay outside US, thanks!
Stuart’s answer:
I agree with the earlier answers - there should be no issue as long as there is an H-4 stamp valid past the date of planned return.
The concern with long stays abroad while in nonimmigrant status is usually that CBP may question whether the circumstances that made the visa valid may have changed (for instance, where the person is a primary work visa holder, they may question whether the underlying job is still being offered).
So, here any question would concern 1) ongoing validity of the marriage to you as the principal visa holder and 2) your ongoing employment in the underlying job.
At the risk of being overcautious, it may be wise for your wife to carry your marriage certificate, evidence of the ongoing relationship (e-mail exchanges between you both), and your most recent few pay statements when returning.
H4 status on h1b petition?:
My spouses h1b LCA is in process and her grace period ends Nov 15. In case her LCA isn’t approved by then, can I (h4) file for COS to b2 on Nov 14 and then withdraw it once h1b approval is received? Will this withdrawal take me back to my current h4 status? My h4 i94 is valid until dec 2027. I have valid ead until then as well.
In case, my spouse files for COS to b2 given this situation to maintain lawful status while she waits for her h1b, what happens to my h4 status? Do I need to leave the country and reenter with a new stamp?
Stuart’s answer:
You would need to both file to change status to B-2 (with evidence of what valid B-2 purpose you plan to pursue, as well as evidence of ability to support yourselves financially while doing it). I wouldn't withdraw those until a change back to H-1B/H-4 status is approved.
I also would be very wary of working under the H-4 EAD once those are filed and you are then relying on the pending B-2 applications for ability top physically remain in the US.
I am on stem-OPT. My work authorization is on business analytics and cyber security. Can i work in insurance agency in analytic.: I am on stem-OPT. My work authorization is on business analytics and cyber security. Can i work in insurance agency in business analytics in their book of business.
Stuart’s answer: You should be able to do this as the core requirement here is that the OPT work be in the area of study -sounds like a fit. You would want to confirm with your DSO, as suggested above.