I'm on H1B and have a valid visa till Oct-2020. My spouse and kid are on H4 . I work in NYC, My employer has requested me to go setup a team in Canada and help with initial transition of this new team . The duration may be 1 year (From Jan-2019 till Dec-2019) on a Canadian work permit . I have an approved I-140 and my spouse is working here in NY on H4-EAD, my kid is going to middle school here, Legally Can my spouse and kid continue their stay here while i work in Canada for 1 year and return before my current H1 visa expires and join my family?
Your legal guidance is much appreciated
Certainly not - the H-4 dependents' eligibility to remain in the USA is directly dependent on the principal H-1B maintaining valid status - in the USA. Cannot "park" one's dependents in the USA if one is no longer fulfilling the terms of his/her visa status by actually "working".
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
A short and to the point answer to your question is "no". Stay outside of the USA does not maintain H1B status. Without valid H1B, there is no valid H4.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Close to one year continuous absence is too long a period of absence in my opinion (there is no hard and fast rule) for your family to maintain uncontested H4 status even though you have been assigned to go abroad by your employer and your intention is to return back to the U.S. with your H1B visa.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
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